In Moss, the employer failed to bridge the gap between the fact that that all employees were required to sign the document electronically and a showing that the particular employee had signed the document at issue. That requires sufficient evidence to allow the court to conclude that the writing is what the proponent claims it is. However, the court also indicated that any document, paper or electronic, must still be authenticated before it can be used as evidence. The court acknowledged that the Uniform Electronic Transactions Act confirms that a signature is not invalid because it is done electronically. The court found that this evidence was not sufficient to prove that the contract was signed by the employee. But the employee stated he could not remember signing the document. The employer’s evidence established that the document at issue was part of an update to the employee handbook, that each employee was required to log into the company’s HR system using the employee’s login ID and password, and review and sign the document. The employee’s electronic signature was on the agreement. In that case, an employer sought to enforce an arbitration agreement. illustrates pitfalls inherent in the intersection of time-honored evidentiary requirements and new electronic procedures. ![]() The party seeking to enforce the contract must prove to the court that it is authentic. The same requirement applies to an electronic contract with an electronic signature. ![]() A traditional paper contract with a wet ink signature must still be authenticated as valid, in order for a court to admit it as evidence, and actually establish the existence of a binding contract. Signature in electronic form does not automatically render the document enforceable. However, the party seeking to enforce an actual contract signed electronically has the burden of proving that the contract is legitimate. Code, § 1633.7(a) (Uniform Electronic Transactions Act.)Īn electronic signature may be legally valid in principle. Wet ink signatures may be transitioning to the status of a “legacy technology.” Legislation has been enacted to confirm the validity of electronic signatures. Electronic signatures on contracts are now commonplace.
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