Employee Resource Group, LLC and Dawn Wiley v. Brandi Adkins
16-0150
| W. Va. | Nov 18, 2016Background
- Adkins worked for Employee Resource Group, LLC (ERG) as a general laborer at a Wendy’s franchise from April 2013 until termination on July 5, 2014.
- Adkins sued ERG and supervisor Dawn Wiley under the West Virginia Human Rights Act alleging wrongful termination tied to disabling medical conditions (filed Jan. 28, 2015).
- ERG moved to compel arbitration, asserting a mandatory workplace Dispute Resolution Program that applied to all new hires and alleging employees sign an arbitration acknowledgment at hire.
- ERG could not produce a signed arbitration agreement by Adkins and submitted an HR affidavit describing routine hiring procedures and a prominently posted HR poster describing the program.
- Adkins denied ever signing or being informed of an arbitration agreement; the circuit court denied ERG’s motion for lack of evidence specific to Adkins.
- The West Virginia Supreme Court of Appeals affirmed, holding ERG failed to prove by clear and convincing evidence that Adkins entered into a valid arbitration agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a valid arbitration agreement exists between the parties | Adkins: she never signed or knew of any arbitration agreement | ERG: arbitration was mandatory for employment and employment/posted materials suffice to bind Adkins even without her signed copy | Held: No — ERG failed to prove Adkins agreed to arbitration; lack of direct evidence of her signature or knowledge was fatal |
Key Cases Cited
- Credit Acceptance Corp. v. Front, 231 W. Va. 518, 745 S.E.2d 556 (recognizes immediate appealability of orders denying motions to compel arbitration)
- Evans v. Bayles, 237 W. Va. 269, 787 S.E.2d 540 (de novo review applies to appeals challenging denial of dismissal-type motions)
- Schumacher Homes of Circleville, Inc. v. Spencer, 237 W. Va. 379, 787 S.E.2d 650 (trial court’s threshold duty: determine existence of valid arbitration agreement and scope of claims)
- Estate of Bossio v. Bossio, 237 W. Va. 130, 785 S.E.2d 836 (proponent of a lost or missing instrument must prove its existence and contents by clear and convincing evidence)
- State ex rel. TD Ameritrade, Inc. v. Kaufman, 225 W. Va. 250, 692 S.E.2d 293 (standards for trial court review regarding arbitration questions)
- Ewing v. Board of Education, 202 W. Va. 228, 503 S.E.2d 541 (de novo review framework for certain interlocutory rulings)