law-arbitration-in-employment-context | arbitration clauses and workers personal injury claims | pre-injury
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ARBITRATION OF EMPLOYMENT DISPUTES
In re Halliburton Co. (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Sharp) (arbitration mandamus)
(FAA: trial court should have granted motion to compel arbitration in employment dispute)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Sharp
Before Chief Justice Radack, Justices Taft and Sharp
01-09-00150-CV In re Halliburton Company
Appeal from 133rd District Court of Harris County
Trial Court Judge: Jaclanel M. McFarland
EMPLOYEE MUST GO TO ARBITRATION EVEN THOUGH EMPLOYER NOT SPECIFICALLY
IDENTIFIED IN ARBITRATION AGREEMENT, TEXAS SUPREME COURT RULES
In Re Macy's Texas, Inc., No. 08-0584 (Tex. Jun. 26, 2009)(per curiam)(arbitration mandamus granted in
employment dispute, injury at work claim)(post-injury waivers)(conclusory affidavit)
IN RE MACY'S TEXAS, INC.; from Bexar County; 4th district (04-08-00469-CV, ___ SW3d ___, [per curiam
opinion of the San Antonio Court of Appeals denying mandamus relief] 07-23-08)
stay order issued October 10, 2008, lifted
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court
conditionally grants the petition for writ of mandamus.
Per Curiam Opinion
Employer's Arbitration Policy Held Enforceable - Mandamus Granted to Compel Arbitration
In Re Dillard Department Stores, Inc. No. 04-1132 (Tex. March 2, 2006)(per curiam)(motion to compel
arbitration)
From El Paso County; 8th district (08 -04 -00262 -CV, ___ S.W.3d ___, 11-24-04). Pursuant to Texas Rule
of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition
for writ of mandamus. Per Curiam Opinion
In this original proceeding, relator Dillard Department Stores, Inc. seeks to compel arbitration of a
retaliatory discharge claim filed by its former employee. The trial court denied Dillard’s motion to compel,
and the court of appeals rejected Dillard’s petition for writ of mandamus. 153 S.W.3d 145. Because the
trial court clearly abused its discretion in denying the motion to compel arbitration, we conditionally grant
Dillard’s petition for writ of mandamus.
Delia Garcia worked as a sales associate at Dillard’s Sunland Park store in El Paso. In August 2000,
Dillard adopted an arbitration policy covering most employment disputes, including retaliatory discharge. In
2002, Garcia was fired six months after requesting workers’ compensation benefits for work-related
injuries. Garcia filed the underlying suit for retaliatory discharge, and Dillard moved to compel arbitration.
In response, Garcia alleged that she never agreed to the arbitration policy, and even if she had, the
agreement would be unenforceable because Dillard retained the right to modify the policy at any time,
rendering its promise to arbitrate illusory.
The trial court clearly abused its discretion in denying Dillard’’s motion to compel arbitration. Accordingly,
without hearing oral argument, we conditionally grant the writ of mandamus and order the trial court to
vacate its order denying Dillard’’s motion to compel arbitration, and to enter a new order compelling
arbitration of Garcia’’s claims. Tex. R. App. P. 52.8(c)
In re Meena Matthews (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley)(arbitration)
Mathews v. USA Employment LLC (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley)(employment,
arbitration)
D.R. Horton v. Brooks (Tex.App.- Houston [14th Dist.] Nov. 2, 2006)(Yates)(appeal)
(arbitration clause in employee handbook enforced, illusoriness and unconscionability challenges rejected)
DISMISSED AS MOOT: Justice Brock Yates
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00099-CV D.R. Horton, Inc. v. Aurora Brooks
Appeal from 270th District Court of Harris County (Hon. Brent C. Gamble)
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