Kellogg v. Griffiths Health Care Group
2011 Ohio 1733
| Ohio Ct. App. | 2011Background
- Kellogg sued GHCG in Marion County Common Pleas for wrongful termination after being terminated from Harding Pointe facility.
- Kellogg previously worked as a leased employee via DES; GHCG later hired her directly, with dispute over who employed her.
- Kellogg alleged she was assaulted at work, filed workers’ comp, and GHCG asserted policy violations leading to termination.
- GHCG moved to stay proceedings pending arbitration, asserting Kellogg signed an employment application containing an arbitration clause.
- Kellogg disputed the arbitration agreement’s validity, signature authenticity, and who was bound by it; she also argued waiver by GHCG.
- Trial court denied the motion to stay, finding insufficient evidence of a valid arbitration agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Arbitrability presumption and contract validity | Kellogg's signature authenticity and employer identity create no valid agreement. | There is a valid arbitration agreement binding Kellogg and GHCG. | Trial court did not clearly err; sufficient credibility issues on enforceability exist. |
| Waiver of arbitration right | GHCG did not waive by delaying and engaging in litigation. | GHCG waived by waiting to raise arbitration and participating in suit for a year. | GHCG waived its right to arbitration; denial of stay affirmed. |
Key Cases Cited
- ABM Farms, Inc. v. Woods, 81 Ohio St.3d 498 (Ohio 1998) (strong public policy favoring arbitration)
- Morris v. Morris, 189 Ohio App.3d 608 (Ohio App. 2010) (abuse-of-discretion standard for waiver and arbitration decisions)
- Harsco Corp. v. Crane Carrier Co., 122 Ohio App.3d 406 (Ohio App. 1997) (timeliness of stay and totality of circumstances for waiver)
- Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614 (U.S. 1985) (arbitration as a mechanism for streamlined dispute resolution)
- Hayes v. Oakridge Home, 122 Ohio St.3d 63 (Ohio 2009) (public policy favoring arbitration and expeditious resolution)
- Barhorst, Inc. v. Hanson Pipe & Prods. Ohio, Inc., 169 Ohio App.3d 778 (Ohio App. 2006) (arbitration-related defenses and contract interpretation)
- EEOC v. Waffle House, Inc., 534 U.S. 279 (U.S. 2002) (arbitration considerations in federal context)