Big win for employees in Arbitration in El Paso.

In an appeal by Roger Davie (Labor and employment lawyer in El Paso), the El Paso Court of appeals denied the employers request that a claim be sent to arbitration as opposed to a jury trial. The case is Temporary Alternatives, Inc d/b/a dmDickason Personnel Services v. Misti K. Jamrowski (09-13-00166). Roger Davie argued that the arbitration agreement signed by Ms. Jamrowski was not enforceable because it allowed the employer dmDickason to change the agreement up until the employee filed for arbitration. The El Paso Court of Appeals held that this agreement was illusory and thus unenforceable. Since dmDickason has many arbitration agreements in El Paso, Texas this is a major decision because it means that all the agreements to arbitrate with dmDickason (a temporary employment agency in El Paso, Texas as well as a leased employer agency) are invalid. Employers obviously want arbitration agreements with their employees because these agreements generally favor employers and disfavor employees. However, dmDickason can of course simply amend the arbitration agreements to make them compliant under Texas law and those employees who sign new valid agreements will be bound to the unfair system of arbitration. However it is nice that at least temporarily employees have received a victory against the legal tide attempting to take away rights of fired and injured workers in El Paso, Texas.