New England Legal Foundation
  • Home
  • About
    • Mission & History
    • Annual Reports
    • Board of Directors
    • State Advisory Councils >
      • Connecticut
      • Maine
      • Massachusetts
      • New Hampshire
      • Rhode Island
      • Vermont
    • Trustees
    • Members
    • Staff
    • Job & Internship Opportunities
  • News & Events
  • Docket
  • Briefs
  • Donate
  • Contact

Warfield v. Beth Israel Deaconess Medical Center, Inc.

10/7/2009

 
Preventing Employees from Evading Arbitral Commitments by Suing Fellow Employees Individually

The issue addressed by NELF in this interlocutory appeal under the Massachusetts Arbitration Act, G. L. c. 251, § 18(a)(1), was whether an employee who enters into an agreement with her corporate employer to arbitrate all disputes “arising out of or in connection with this Agreement or its negotiations” has agreed also to arbitrate these same claims against fellow employees, even though those employees were not specifically named in or were signatories of the arbitration agreement.  

NELF and co-amicus Associated Industries of Massachusetts argued in support of the defendants, that an employee should not be able evade her commitment to arbitrate employment claims by suing in court agents of the corporation who were not specifically named in the agreement.  NELF argued that the proper interpretation of the arbitration agreement would require arbitration of the type of claim identified in the agreement, no matter who in the corporate structure was allegedly responsible for the conduct at issue.   

Despite extensive briefing by all parties on the issue that NELF addressed, the SJC ultimately did not reach it. Rather, in a holding that will effect arbitration provisions in employment agreements throughout Massachusetts, the Court invalidated the entire arbitration provision insofar as it purported to cover discrimination claims.  Noting that the plaintiff’s complaint contained employment discrimination claims under Mass. G.L. c. 151B, the Court ruled that such claims may not be arbitrated pursuant to a pre-dispute arbitration agreement unless the agreement expressly, clearly and unmistakably indicates the employee’s intention to limit or waive her rights or remedies under c. 151B.  Thus, the fact that the agreement at issue was fairly read to require arbitration of “all disputes” arising out of the plaintiff’s employment was not good enough to encompass the plaintiff’s claims under c. 151B, even though, but for her employment, those claims would not exist. The SJC therefore ruled that, despite her agreement to arbitrate, the plaintiff’s claims had to be adjudicated in court. 

 


Comments are closed.

    The Docket

    To obtain a copy of any of NELF's briefs, contact us at info@nelfonline.org.

    Categories

    All
    1st Circuit Court Of Appeals
    2nd Circuit Court Of Appeals
    3rd Circuit Court Of Appeals
    Business Litigation Session
    CT
    CT Superior Court
    CT Supreme Court
    Employer Employee Relationships
    February 2018
    February 2019
    Government Regulation/Administration Of Justice
    MA
    MA Appeals Court
    MA Division Of Administrative Law Appeals
    March 2015
    MA Superior Court
    MA Supreme Judicial Court
    MA US District Court
    ME
    ME Supreme Judicial Court
    NH
    NH Supreme Court
    Property Rights
    RI
    RI Supreme Court
    SCOTUS
    United States Supreme Court
    US Court Of Appeals Federal Circuit
    US District Court ME
    VT
    VT Supreme Court

    RSS Feed

    Archives

    August 2020
    June 2020
    January 2020
    June 2019
    April 2019
    October 2018
    June 2018
    February 2018
    October 2017
    October 2016
    June 2016
    February 2016
    October 2015
    June 2015
    March 2015
    October 2014
    June 2014
    February 2014
    October 2013
    June 2013
    February 2013
    October 2012
    June 2012
    February 2012
    October 2011
    June 2011
    February 2011
    October 2010
    June 2010
    February 2010
    October 2009
    February 2009
    October 2008
    June 2008
    February 2008
    October 2007
    June 2007
    October 2006
    June 2006
    February 2006
    October 2005
    June 2005
    February 2005
    October 2004
    June 2004
    February 2004
    October 2003
    May 2003
    February 2003
    September 2002
    May 2002
    February 2002
    May 2001