In December 2011, Jimenez began working for Cintas as a Fire Service Technician. She continued in this capacity until June 2012, when Cintas terminated her employment. On July 18, 2013, Jimenez filed a petition against Defendants in the Circuit Court of St. Louis County, challenging her termination and alleging that during her employment she suffered discrimination and harassment by Baker and Fitzsimmons, who acted in their capacity as managers for Cintas. On August 26, 2013, Defendants filed a motion to compel Jimenez to arbitrate her claims against Cintas, attaching a document entitled "Missouri Employment Agreement for Sales, Service and Marketing Personnel" ("Agreement"). The first page of the Agreement is dated December 12, 2011, and contains Jimenez's purported signature. Section 8 of the Agreement states that disputes "between Employee and Employer concerning whether either party at any time violated any duty, right, law, regulation, public policy, or provision of this Agreement" that cannot be resolved in good faith, must be "resolved through impartial and confidential arbitration." The Agreement requires the arbitration of all claims except those expressly excluded by Cintas.
Defendants argue that the parties formed a valid arbitration agreement providing two separate types of consideration: (1) Cintas's offer of "new" or "future" at-will employment; and (2) Cintas's and Jimenez's mutual promises to arbitrate. Jimenez responds that the arbitration agreement is effectively devoid of consideration and therefore invalid because her employment relationship with Cintas was "at-will," and Cintas's promise to arbitrate was not mutually binding. How should the court rule? Do you think that new or future "at will" employment should be adequate consideration for a contract? Why or why not? [Jimenez v. Cintas Corp., 475 S.W.3d 679 (Mo. Ct. App. 2015)].