Docket – November 5, 2018

U.S. District Court – Virginia Eastern

Smiley v. Forcepoint Fed. LLC, EDVA at Richmond (Gibney).

An employer being sued for employment discrimination has the right to compel arbitration via a clause in its employment contract with the plaintiff. The defendant filed an answer (that didn’t mention its arbitration rights) but didn’t file any other dispositive motions indicating an intent to resolve the dispute through litigation. A delay of seven months in invoking arbitration rights does not waive those rights. And the plaintiff has not offered more than a generalized assertion about the “prohibitive cost” of arbitration that might make it unconscionable or one-sided.

Motion to compel arbitration granted.

Categories: Daily Dockets

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