The nation’s Fifth Circuit Court of Appeals has reversed a Texas federal court’s order compelling an at-will employee to arbitrate a pay dispute with her employer. In Trammell v. AccentCare, Inc., No. 18-50872 (5th Cir., June 7, 2019), a woman, Trammell, provided in-home personal care assistance services for a home healthcare provider, AccentCare, for several years as an at-will employee. In 2016, the company apparently mailed an arbitration agreement to Trammell’s home. Trammell did not sign the document or return it to AccentCare.
In late 2017, Trammell filed a Fair Labor Standards Act (“FLSA”) lawsuit against AccentCare in the Western District of Texas. Her employer responded to the case by filing a motion to compel arbitration based on the agreement that was mailed to Trammell’s home in 2016. According to Trammell, however, she never received the document and had no knowledge regarding its contents. In addition, Trammell offered testimony stating her employer was notified about her intermittent difficulties related to receiving mail at her home.
