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Finding the correct legal issueFinding the correct ruleAnalyzingStating a conclusion

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Arbitration. Just when we think Mars & Sons's legal troubles are over, the company learns of an employee issue that may become a big problem. Maria works for Mars & Sons in its accounting department. Maria asks for and is granted maternity leave for 3 months under the Family and Medical Leave Act (FMLA). On the day that she is supposed to return to work, she calls to ask about her schedule. She is told by the accounting manager that there is no job for her and that she needs to re-apply for another position. She contacts an attorney, who writes a letter to the company informing them that they have violated FMLA. The letter demands that Mars & Sons reinstate Maria immediately and compensate her for back pay in order to settle the employment discrimination claims she has against the company. Attorney for Mars & Sons replies that they have to arbitrate this dispute, and that Maria has no right to sue in court due to the mandatory arbitration agreement between her and the company. Mars & Sons sends Maria's attorney the arbitration agreement that Maria signed when she started at the company 3 years ago. The agreement states that Maria agrees to arbitrate any and all disputes arising from her employment at Mars & Sons. Maria claims she didn't know she had signed such an agreement. She says they just gave her a stack of paperwork and told her to sign everything and did not explain anything to her. Her attorney argue that the arbitration clause is unenforceable because she was not aware of it. Is this employment arbitration clause enforceable? 

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