Missouri Court of Appeals March 9, 2010, ED 92974 (Kunzie v. Jack-In-The-Box, Inc.)

GARY M. GAERTNER, JR., Judge,

concurring.

I concur with the result, but I respectfully disagree that an at-will employee’s refusal to sign an arbitration agreement is a “counter-offer” to be accepted or rejected by the employer. Rather, if Appellant did not consent to arbitration, then the agreement is unenforceable, and we need not address the issue of counter-offers. See Dunn Indus. Group, Inc.