Employer-Employee: Breach of Agreement-Motion to Compel Arbitration

Listen to this article

Defendant appealed the trial court’s denial of its motion to compel arbitration. Plaintiff applied to work for defendant; plaintiff’s application form included an arbitration agreement covering all claims relating to plaintiff’s employment. The agreement also included a delegation clause. After he was terminated, plaintiff sued defendant claiming it breached the parties’ bonus agreement. Defendant moved to compel arbitration but the trial court denied the motion after finding that the arbitration agreement failed to include statutorily required notice provisions.

Where plaintiff effectively conceded the existence of the arbitration agreement, the trial court erred in denying the motion to compel arbitration where the parties’ agreement delegated the issue of arbitrability, including whether the agreement included the required notice provision, to the arbitrator.

Judgment is vacated and remanded.

Brown v. GoJet Airlines, LLC (MLW No. 80728/Case No. SC99961 – 10 pages) (Supreme Court of Missouri, Ransom, J.) Appealed from circuit court, St. Louis County, Borbonus, J. (Burton D. Garland, Jr., Heidi Kuns Dur, and Madeline L. Brown, St. Louis, for appellant) (David T. Butsch and Christopher E. Roberts, Clayton, and Randall C. Cahill, St. Louis, for respondent)