170 results for 'cat:"Arbitration" AND cat:"Employment"'.
J. Bennett grants Sherwin-Williams’ motion to compel arbitration and stay of the proceedings in this employment dispute brought by a former paint mixer who alleges race discrimination based on a failure to rehire claim. The paint mixer argues that the arbitration agreement was outside of the scope of his claims and not valid. The court found the arbitration agreement to be valid and enforceable, delegating the threshold issue of arbitrability to the arbitrator.
Court: USDC Maryland, Judge: Bennett, Filed On: April 30, 2024, Case #: 1:23cv3190, NOS: Employment - Civil Rights, Categories: arbitration, employment Discrimination, employment Retaliation
J. Reiss grants the bank’s motion to stay the action and refer to arbitration in this employment agreement dispute brought by a former executive president who says his assets had been converted. The court found the arbitration clause to be broad as to all disputes related to the employment agreement, and the arbitrator needs to decide the issues of arbitrability.
Court: USDC Vermont, Judge: Reiss, Filed On: April 29, 2024, Case #: 2:23cv274, NOS: Other Contract - Contract, Categories: arbitration, employment, Contract
J. Segal finds that the trial court properly denied an employer's motion to arbitrate an employee's Private Attorneys General Act claims. The trial court had the authority to decide the arbitrability of his claims since the arbitration agreement the employee signed did not clearly delegate arbitrability decisions to an arbitrator. And the agreement itself excluded both the employee's individual and representative Act claims. Affirmed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: April 23, 2024, Case #: B328425, Categories: arbitration, employment
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J. Richardson partially grants the restaurant's motion to compel arbitration of the chef's claims in this lawsuit alleging discrimination, retaliation and a hostile work environment. The chef fails to sufficiently create a question of fact regarding whether he electronically signed the arbitration agreement. Accordingly, the court will enforce the arbitration agreement, though the restaurant is not entitled to attorney fees.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: April 16, 2024, Case #: 3:24cv3, NOS: Employment - Civil Rights, Categories: arbitration, employment, Contract
J. Roberts finds that the court of appeals improperly held that bakery employees who worked as truck drivers were not exempt from the Federal Arbitration Act in underlying wage claims based on the erroneous conclusion that employees must be in the transportation industry to be exempt.
Court: US Supreme Court, Judge: Roberts, Filed On: April 12, 2024, Case #: 23-51, Categories: arbitration, employment
J. Baltodano finds that the trial court properly denied an employer's motion to compel arbitration of an employee's wage and hour claims. The arbitration agreement she signed during her first period of working for the employer did not apply to claims arising from a second and distinct period of employment that started after she negotiated a new offer of employment. Affirmed.
Court: California Courts Of Appeal, Judge: Baltodano, Filed On: April 3, 2024, Case #: B329219, Categories: arbitration, employment
J. Sabatino finds that the board of education properly revoked a tenured teacher's license for unbecoming conduct because the teacher failed to demonstrate a constitutional violation, even though the tenure case had already been arbitrated, since the board provided formal written notice, and the teacher will get the chance to be heard at an administrative hearing. Affirmed.
Court: New Jersey Appellate Division, Judge: Sabatino , Filed On: March 28, 2024, Case #: A-1280-22, Categories: arbitration, employment, Licensing
J. Stabile finds that the lower court improperly resolved a question of fact in this arbitration dispute wherein a teacher alleges a recruiter she hired to get her a new teaching position induced her to quit her job for a new one that never materialized. The complaint established the existence of additional contract terms that must be considered to determine the nature of the relationship between the parties. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: March 28, 2024, Case #: J-A24010-23, Categories: arbitration, employment, Contract
[Consolidated.] J. Larsen finds the lower court properly determined the employer waived its right to arbitrate discrimination claims brought by the deaf employee. It waited more than seven months to file its motion to compel, before which it conducted extensive discovery, took depositions and raised several affirmative defenses, all of which contradicts its argument it intended to rely on arbitration from the outset of the case. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: March 27, 2024, Case #: 23-1507, Categories: arbitration, Civil Procedure, employment Discrimination
J. Buller finds that a financial advisor was improperly granted an arbitration award after he was fired for improper client trades because he admitted he traded in violation of the employer's policies and Financial Industry Regulatory Authority rules. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 27, 2024, Case #: 23-0439, Categories: arbitration, employment
J. Smith finds that the trial court improperly mandated arbitration in claims contending a pain specialist was fired for reporting sexual harassment because the ambiguous arbitration agreement contained several clauses that rendered each other meaningless. Reversed.
Court: New Jersey Appellate Division, Judge: Smith , Filed On: March 25, 2024, Case #: A-1703-22, Categories: arbitration, employment
J. Rice denies the IT company's motion to compel arbitration in the job trainee's complaint that the IT company fired her for unapproved absences while she took maternity leave. Although the job trainee signed the arbitration agreement on her first day of work, she lacked a meaningful choice because none of the information that the IT company gave her contained information about arbitration, and it subjected her to time pressure to sign the documents on the first day.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: March 19, 2024, Case #: 2:24cv17, NOS: Employment - Civil Rights, Categories: arbitration, Civil Rights, employment
J. Leeson grants a manufacturer’s motion to compel arbitration against a former employee alleging race discrimination. The contract the plaintiff entered into upon starting employment, which agreed to arbitrate such matters, is valid and enforceable.
Court: USDC Eastern District of Pennsylvania, Judge: Leeson, Filed On: March 19, 2024, Case #: 5:23cv2622, NOS: Employment - Civil Rights, Categories: arbitration, employment, employment Discrimination
J. Cole finds the lower court properly granted the freight broker's motion to compel arbitration with the trucking company. The Section 1 exemption of the Federal Arbitration Act, which excludes employment agreements between companies and rail workers, does not apply to this case, which involves a contract between two business entities. Affirmed.
Court: 6th Circuit, Judge: Cole, Filed On: March 18, 2024, Case #: 23-1777, Categories: arbitration, employment, Contract
J. Thompson grants a hospital and its chief of surgery’s motion to stay and compel arbitration in this employment dispute brought by a former employee. The employee must pursue her numerous claims, including fraud, negligence, sex discrimination, and assault and battery claims, through arbitration and this case is administratively closed pending the outcome.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: March 18, 2024, Case #: 2:22cv178, NOS: Employment - Civil Rights, Categories: arbitration, employment, Interference With Contract
J. Pedersen compels to arbitration a complaint alleging that the company penalized and later fired the employee after he requested extended leave following a heart attack. The employee had been informed of the arbitration agreement, given a link to the agreement, and provided choices to accept the agreement. The arbitration agreement covers the dispute between the parties and is not unconscionable.
Court: USDC Western District of New York, Judge: Pedersen , Filed On: March 15, 2024, Case #: 6:23cv6569, NOS: Employment - Civil Rights, Categories: arbitration, employment
J. Kennedy finds that the lower court properly denied the appellants' motion to compel arbitration in this lawsuit involving a multi-level marketing company and its directors. As to the corporate appellants, they "substantially invoked the judicial process to the detriment of appellees," while the individual appellants fail to show "the existence of an agreement to arbitrate." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: March 14, 2024, Case #: 05-23-00661-CV, Categories: arbitration, employment, Fiduciary Duty
J. Pitman mostly adopts a report and recommendations in a civil rights suit brought by a former district manager against a Whataburger franchisee for alleged discrimination against him based on his sex and sexual orientation, finding, among other things, that the former manager cannot bring unconscionability arguments over clauses in his contract which the franchisee has already agreed to waive. The franchisee also cannot compel arbitration because the agreement required arbitration before the American Mediation Association, which no longer exists.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: March 12, 2024, Case #: 1:23cv686, NOS: Employment - Civil Rights, Categories: arbitration, Civil Procedure, employment