Arbitration Agreement Requiring Rmployee to Pay Own Attorney’s Fees Not Substantively Unconscionable
This post has been viewed 2,706 times.
In Ophthalmic Consultants of Texas, P.A. v. Morales, the Court of Appeals for the Thirteenth District of Texas reversed the trial court’s ruling denying a motion to compel arbitration. The Court of Appeals held that a valid arbitration agreement existed and that the claims fell within the scope of the agreement.
Morales, a doctor. was hired by OCT and signed an agreement to arbitrate employment claims. The arbitration agreement provided that OCT would bear all costs and expenses of arbitration, unless Morales instituted arbitration. In that circumstance, Morales would be responsible for paying no more than $100.00 for any AAA administrative fee. Morales filed a claim with the Texas Workforce Commission alleging that OCT engaged in discriminatory practices and later filed a lawsuit. OCT asserted that the suit should be stayed pending arbitration.
Read original articleTags:
