Enforcement of an arbitration agreement, a restrictive covenant or a policy depends on proving the employee agreed, often long afterwards.
Signed paper. Still the strongest evidence, and still the practice for material agreements.
Electronic acceptance. Requires an audit trail: a unique login, the version of the document presented, the date and time of acceptance, and the inability to proceed without acting. Systems that record only that a document was assigned, not that it was opened and accepted, fail.
Handbook acknowledgements. Should identify the version, and the employer should retain each version with its effective dates. Producing the current handbook in litigation about a decision made four years ago proves nothing.
Continued employment as consideration. Sufficient in many states for at-will employees, and insufficient in others where independent consideration is required for restrictive covenants.
Notice of changes. Where a policy is amended, notice and an opportunity to review, with a fresh acknowledgement for material changes such as arbitration.
Unilateral modification clauses that permit changes without notice have been held illusory, defeating the entire agreement in several decisions.
Record retention. Acknowledgements should be retained for the limitation period of any claim they might govern, which is longer than most retention schedules assume.