Fifth Circuit Overturns Arbitration Order Where Employer Failed to Countersign Agreement
The United States Court of Appeals for the Fifth Circuit has reversed a Texas federal court’s order compelling arbitration in a sexual harassment and discrimination case because one party failed to sign an agreement to arbitrate. In Huckaba v. Ref-Chem, L.P., No. 17-50341 (5th Cir. June 11, 2018), a woman, Huckaba, signed an arbitration agreement that waived her right to sue Ref-Chem L.P. prior to beginning employment with the company. The agreement included a signature box for Ref-Chem and also required that the company reciprocate by giving up its right to sue Huckaba. After the woman signed the contract, however, Ref-Chem failed to have an officer of the company countersign the document. The partially signed agreement was then stored in Huckaba’s personnel file.