In Gorlach v. The Sports Club Company, the plaintiff filed a lawsuit for wrongful termination, retaliation, sexual harassment, intentional infliction of emotional distress, defamation, breach of contract, and negligence. The employer attempted to enforce an arbitration agreement. The parties agreed that the plaintiff did not sign an arbitration agreement, but the employer argued that the plaintiff was the person in charge of getting all the employees to sign a new arbitration agreement and misled upper management into thinking she had signed the agreement and thus she should not be allowed to avoid arbitration. The Court held that the plaintiff was not equitably estopped from denying she agreed to arbitrate. Moreover, it ruled that Plaintiff did not, by remaining in defendant’s employ after learning that signing arbitration agreement was a condition of employment, enter into an implied-in-fact agreement to arbitrate.

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