In a legal victory for Olivia Wilde and Jason Sudeikis, a judge has granted their motion to compel arbitration in a lawsuit brought by their former nanny, Ericka Genaro. Genaro alleges that Sudeikis wrongfully terminated her employment after Wilde moved out of their shared home, causing an increase in her caretaker responsibilities for the actor’s children. Los Angeles Superior Court Judge Maureen Duffy-Lewis ruled that Genaro’s claims should be decided by an arbitrator rather than a jury. Genaro’s attorney, Ronald Zambrano, stated that while they disagreed with the decision, they would continue to litigate the case in arbitration.
Zambrano asserts that evidence, including text messages and deposition testimony, demonstrates that Genaro was driven to quit and eventually fired. He expresses confidence in the case and states that they are prepared to move forward with arbitration instead of going to trial. Zambrano clarifies that the judge’s decision does not terminate the lawsuit, but rather changes the venue for resolving the dispute.
The actors’ attorneys argued in their motion to compel arbitration that Genaro had agreed, as part of her employment contract, to resolve any disputes through binding arbitration. They also claimed that Genaro had promised to keep confidential any information she learned about the family, but instead, she sued without regard for her obligation to arbitrate disputes or her confidentiality obligations.
Genaro’s allegations include discrimination, retaliation, and failure to accommodate and engage in the interactive process. In a sworn declaration, Genaro states that she would not have been hired if she had refused to sign the papers and emphasizes her lack of legal training and experience in reviewing contracts.
“Furthermore, when I signed these documents, I had almost zero experience reviewing contracts,” Genaro explains.
However, Wilde, in a previously filed sworn declaration and supplemented one, asserts that Genaro was indeed bound by the arbitration clause. Wilde contends that Genaro resigned after the actors refused to meet her salary demands, and both deny treating Genaro unfairly.
“At no time did I ever receive or deny any request from Genaro to change any part of the agreement, including but not limited to the arbitration provision, before she signed it,” Wilde states in her new declaration. “To my knowledge, neither did Jason Sudeikis.”
In his declaration, Sudeikis affirms that he and Wilde hired Genaro in November 2018 to be the nanny for their two children in Brooklyn.
“I never received or denied any request from Genaro to negotiate any part of the agreement, including but not limited to the arbitration provision,” Sudeikis states. “I never told Genaro that she needed to review the agreement, sign the agreement, or return the agreement within any particular period of time.”
Genaro believes that she lost her job due to her anxiety and depression and her request for a brief leave of absence to address these conditions, as stated in her lawsuit filed on February 14. Wilde and Sudeikis, who were never married, ended their relationship in November 2020.
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