In a victory against a corporation seeking to compel arbitration in an employment discrimination matter, Judge J. Curtis Joyner of the U.S. District Court for the Eastern District of Pennsylvania denied defendant Fiserv, Inc.’s motion to compel arbitration. The case involves claims of employment discrimination based upon age, disability, and national origin, as well as claims of retaliation in violation of the Family Medical Leave Act.
The plaintiff, Kim Shank, a 57-year-old American, worked at Fiserv for over six years before being terminated the day after she returned to work from a medical leave of absence. Ms. Shank’s termination also came after Fiserv hired a series of younger, non-American workers.
Fiserv’s motion to compel arbitration was based upon an arbitration agreement that was signed by Ms. Shank, but not by Fiserv, despite the existence of signature lines for representatives of Fiserv. Judge Joyner concluded that Fiserv’s failure to sign its signature lines, coupled with language in the agreement suggesting that signatures from both parties were required to consummate the agreement, rendered the agreement invalid. Fiserv’s motion was denied on January 14, 2016. Ms. Shank is represented by Kevin Console of Console Mattiacci Law, LLC LLC.
About Console Mattiacci Law, LLC, LLC
Console Mattiacci Law, LLC LLC is an employment rights law firm with offices in Philadelphia, Pennsylvania and Moorestown, New Jersey. Since its inception in 1990, the firm has focused its practice on the representation of current, former and potential employees concerning work-related matters. The lawyers at Console Mattiacci Law, LLC LLC counsel whistleblower-employees who have been retaliated against and individuals who have been victimized by illegal employment discrimination and retaliation, including sex, race, religion and age discrimination and sexual harassment at work. They also represent employees concerning medical leaves, disability benefits, wage and hour claims, employment contracts, severance agreements, stock option plans, and class action lawsuits. For more information visit: www.consolelaw.com or call Console Mattiacci Law, LLC LLC at 215-545-7676.