Console Mattiacci Law Defeats Comcast’s Motion To Compel Arbitration

Posted on Nov 30, 2018 by Brittany Carter

Kevin ConsoleJudge Mitchell S. Goldberg of the Eastern District of Pennsylvania denied Comcast’s motion to compel its former employee, Erica Miller, to arbitrate her disability discrimination claims. Ms. Miller’s complaint alleges that the company terminated her employment for false reasons, after over seven years of service, shortly after and as a result of her need for a reasonable accommodation in connection with her disability.

Comcast argued that Ms. Miller agreed to binding arbitration when she did not “opt out” of the so-called “Comcast Solutions Program,” which was allegedly e-mailed to her and other employees. In response, Ms. Miller argued that there was no agreement and that the Comcast Solutions Program was evidence of a deceptive strategy by Comcast designed to have employees unknowingly waive their right to trial.

In denying Defendant’s motion (without prejudice), Judge Goldberg ruled that the court could not determine, based on the documents provided by Comcast, whether a valid and binding arbitration agreement ever existed. The parties were ordered to engage in 60 days of arbitration-related discovery to allow Comcast to try to meet its burden of establishing that an enforceable agreement existed. Comcast then notified the court that it did not plan on pursuing any motion to compel arbitration and that Ms. Miller’s claims could proceed in federal court.

Kevin Console of Console Mattiacci Law represents the plaintiff, Erica Miller. The case caption is Erica Miller v. Comcast Corporation, et al., docket no. 2:17-cv-05803-MSG.

About Console Mattiacci Law, LLC
Console Mattiacci Law, 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. You can be represented by dedicated, experienced attorneys from Console Mattiacci Law, LLC. We represent clients who have been the victims of illegal discrimination under federal, state, and local laws in Philadelphia and throughout Pennsylvania, New Jersey, and New York. Some discrimination claims have a deadline of 180 days to take action. Call us today at 215-545-7676 to set up a consultation.

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