How do I translate a contract into Spanish? Legal translations, including the translation of contracts, agreements and other legal documents, are not easy. A typical legal translation must be accurate, terminologies translated with absolute precision and nothing should be lost in translation. In addition, legal terms, contractual meanings and technical words vary from country to country. Lincoln Millennium Car Wash, Inc. and Silver Wash, Inc. asked their employees to sign an employment contract shortly after they were hired. The employees were native Spanish speakers and did not read English. Some parts of the documents signed by the staff were in Spanish and others in English. Employees thought they were signing work requests that they understood were necessary to work in car washes.
The laundromat manager did not explain the documents to the employees or tell them that they were regoing their right to appear in court. Contracts are supposed to be confidential by nature. Therefore, when planning the translation of your contract, also consider ways to ensure that the contract remains confidential during the translation process. One of the ways to do this is to sign a confidentiality agreement with the translator. Two contracts are available: month-to-month lease (Spanish) (form CA-040S) and lease (Spanish) (form CA-041S). Carmona v. Lincoln Millennium Car Wash, Inc., B248143 (Pub. Order May 9, 2014) In a recent decision, a California appeals court upheld a court`s finding that an arbitration agreement was ruthless. The Court of Appeal also upheld the first instance`s refusal to separate the non-insuated parties to the agreement from the unscrupulous provisions.
In finding that the agreement was „imbued with impitoyability“, the court unreasmentedly pointed out the „systemic lack of reciprocity“ of the agreement in favour of the employer. A group of employees at the car wash plant filed an alleged class action lawsuit against the employers for misconduct in wages and hours. The employers requested that arbitration be required in accordance with the agreements signed by the workers. According to the Court of Justice, the Court of Appeal said: „The arbitration agreement suffered from several flaws that showed a lack of systemic reciprocity that favoured car wash companies.“ Referring to the 2000 California Supreme Court case, Armendariz v. Foundation Health Psychcare Services, Inc., pointed out to the Court of Appeal, for much of its analysis, that not all unilateral agreements are ruthless — but here, employers „have not appreciated the lack of reciprocity when it comes to business realities.“ Spencer Skeen, managing partner of Ogletree Deakins` San Diego office, explains: „This case shows how important it is to be precise in developing an arbitration agreement. The agreement should always be reciprocal. It should enable employers and workers to apply the same rights and obligations. In addition, it should be translated into the employee`s main language. The employees of the Carmona case spoke Spanish. The employers translated only part of the agreement and left many important sections only in English. Spanish is the main language of a significant percentage of California`s population.
Therefore, employers should consider translating their arbitration agreements into Spanish or another language that may apply to their staff. In determining whether the content of the agreement was ruthless, the General Court took into account the degree of reciprocity of the agreement. . . .