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A recent federal appellate court decision is an important reminder to confirm early—not later—whether the employee suing your business signed an arbitration agreement.
The plaintiff had signed an agreement with an arbitration provision that covered his subsequent claims for disability discrimination, which he filed in federal court. But the employer didn’t act on it right away.
To say the employer delayed would be an understatement. Over the next six-and-a-half months, the parties engaged in extensive discovery. Among other things, the employer participated in a discovery conference, served written discovery, filed a joint discovery plan, produced tens of thousands of pages
