|
Dismissing a motion to compel arbitration of an employment dispute, a Pennsylvania federal court held that an arbitration clause in an employee handbook did not constitute an agreement to arbitrate because the employee did not sign it.
In Plebani v. Bucks County Rescue Emergency Medical Services, No. Civ. A.03-5816, Civ. A. 03-6225, 2007 WL 4224365 (E.D.Pa. Nov. 27, 2007), Lisa Plebani and her father, Michael Plebani, sued Bucks County Rescue Emergency Medical Services (BCRS) for alleged sex discrimination against Lisa Plebani and subsequent retaliation against both of them. BCRS moved to compel arbitration asserting the Plebanis were bound to a mandatory arbitration provision contained in the employee handbook.
The Court denied BCRS's motion holding there was no enforceable arbitration agreement between the parties. Pennsylvania courts have upheld arbitration clauses contained in employee handbooks "only where there is a meeting of the minds consisting of an offer on one side and an unconditional acceptance on the other."
The Court found that no one at BCRS explained the handbook to the Plebanis nor did the Plebanis sign the forms acknowledging receipt of the handbook and agreeing to its arbitration policy. Further, the handbook's introduction gave no indication that it contains an offer to enter into a unilateral contract to waive certain rights in exchange for continued employment. Moreover, the handbook's introduction does not mention the arbitration policy and explains that the handbook contains "guidelines" subject to change without notice. Finally, the Court found that an arbitration clause embedded in an employee handbook that BCRS modified several times did not amount to a definite offer.
Subscribe to a free weekly update on ADR case law and
legislation
|