Jason Sudeikis and his ex-partner Olivia Wilde have been accused of trying to "silence" their former nanny

Ericka's team have now launched an appeal to have the case resolved in a jury trial.

Her attorney Ron Zambrano, a partner and Employment Litigation Chair at West Coast Employment Lawyers, told RadarOnline.com: "We respectfully disagree with the judge's decision to move this case into private arbitration, and are seeking all avenues to have the ruling reversed and allow us to try this case before a jury of their peers.

"We believe the judge did not apply the actual facts presented to applicable law which should have led to a finding that the agreement was unenforceable".

The lawyer suggested Jason and Olivia were receiving "special treatment" because of their fame and argued there is "insurmountable" evidence against them, "including text messages and testimony that she was driven to quit, then was summarily fired anyway."

He added: "Ms. Wilde and Mr. Sudeikis merely want this case moved into arbitration to silence Ms. Genaro.

"We believe they should not be given special treatment merely because they are celebrities and should have to face their accuser in court."

The former nanny claimed that once Olivia moved out, she suffered increased stress and anxiety due to how much more time she had to spend with their children in her absence.

Legal papers stated: "The pressure of (Ericka) not only being the primary caretaker of the children, but also filling in Wilde's absence for the children, became debilitating."

The nanny worked for the actors from 2018 until 2021, and is suing for punitive damages, attorney's fees and cost of the lawsuit.

Olivia and Jason have claimed she was never actually fired and say she resigned after they refused a pay rise, insisted she but offered to help them out for an extra five months and they also doubled her salary at the end of 2020.

Their lawyer previously revealed the nanny had signed an agreement stating arbitration would be used to resolve all employment disputes.

However, Ericka claimed in her sworn declaration she wouldn't have got the job if she hadn't signed the paperwork.