In an example of an arbitration agreement that failed to pass legal muster, the California court of appeal refused to compel arbitration in Trivedi v. Curexo Technology Corporation. Plaintiff had sued for discrimination in court and sought to avoid the arbitration remedy required by his employment agreement. The court held that the agreement was "unconscionable" for several reasons. First, the agreement incorporated by reference the arbitration rules of the American Arbitration Association but failed to attach the rules for the employee's review. Next, the agreement mandated an award of attorney's fees to the prevailing party; the court ruled that a mandatory fee award violated public policy because fees may be awarded against an employee alleging discrimination only where the claim is "frivolous, unreasonable, without foundation, or brought in bad faith." In addition, the court disapproved of a provision that allowed either party to seek injunctive relief in court, observing that such a provision unfairly favored the employer as the party that would be much more likely to seek injunctive relief. Employers may attempt to avoid this result by providing employees with a hardcopy or softcopy of the arbitration rules and not including a mandatory fee award to the prevailing party in arbitration provisions. A more thoughtful decision must be made whether to include a carve-out from arbitration of court claims for injunctive relief, since preserving the right to seek injunctive relief in court (for instance in trade secret matters) may entirely outweigh the desirability of arbitration.