Modern companies increasingly use standard form agreements, such as arbitration and non-compete agreements, to “contractualize” discrete aspects of their workers’ obligations. Frequently such agreements provided to the worker after an initial oral agreement of employment has been reached, what the article refers to as “cubewrap” contracting practices. Courts and scholars have yet to develop a consistent contractual theory of the enforceability of these documents. In contrast, consumer contracts have been standardized for decades, and the problem of “terms in the box” contracts, in which key terms are similarly delayed, has been extensively debated. This article draws insights from the “terms in the box” literature to suggest a possible framework for judicial and legislative responses to the rise of “cubewrap” contracts.
Rachel Arnow-Richman, Cubewrap Contracts: The Rise of Delayed Term, Standard Form Employment Agreements, 49 Ariz. L. Rev. 637 (2007)