Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Employee Solutions McKinney, LLC v. Wilkerson

Court of Appeals of Texas, Fifth District, Dallas

May 10, 2017

EMPLOYEE SOLUTIONS MCKINNEY, LLC, ESI/EMPLOYEE SOLUTIONS, L.P., AND ESI GENERAL, LLC, Appellants
v.
MICHAEL WILKERSON, Appellee

         On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-04305.

          Before Justices Lang, Brown, and Whitehill

          MEMORANDUM OPINION

          ADA BROWN JUSTICE

         In this interlocutory appeal, appellants Employee Solutions McKinney, LLC, ESI/Employee Solutions, L.P., and ESI General, LLC challenge two trial court orders denying motions to compel arbitration. Because the arbitration agreement at issue delegated questions of arbitrability to the arbitrator, we reverse the trial court's orders denying the motions to compel and remand this case to the trial court for further proceedings consistent with this opinion.

         Background

         After he suffered a workplace injury, Michael Wilkerson sued the three appellants for negligence. Appellant ESI/Employee Solutions, L.P. (Employee Solutions L.P.) is the parent company of eleven limited liability companies who provide temporary staffing solutions to third parties and do business as "Employee Solutions." One of the subsidiaries is appellant Employee Solutions McKinney, LLC (ES McKinney). Appellant ESI General, LLC (ESI General) is Employee Solutions L.P.'s general partner.

         Wilkerson was hired by an Employee Solutions entity in May or June of 2013. On June 4, 2013, Wilkerson signed an acknowledgement that he had been provided a copy of his employer's arbitration policy. The acknowledgement, titled "Employee Acknowledgement of Receipt of the Employee Solutions Arbitration Policy & Procedures [ESAPP], " contained the following statements:

I have been provided a copy of the [ESAPP]. I understand that I should thoroughly read it.
. . . .
I understand that by continuing my employment (or by accepting future employment after receiving the [ESAPP]) I agree to submit to binding arbitration (under the [ESAPP]) any and all claims, disputes or controversies that exist now or later arise between me and my Employer and/or between me and any of its affiliated companies, employees, officers, partners, owners, clients and customers, including claims, disputes and controversies arising before, during and after my employment.[1]

         The ESAPP is a six-page document effective February 1, 2013. It is signed by one individual as the authorized representative of eleven enumerated business entities, including all three appellants. The document initially states, "Your Employer (hereinafter simply "the Company") recognizes that disputes may arise between the Company and its employees . . . and that arbitration is a faster, less expensive but fair means of resolving disputes for all parties." Among other things, the ESAPP provides that, "This agreement to arbitrate any and all disputes means YOU ARE AGREEING TO WAIVE to the maximum extent permitted by law ANY RIGHT YOU MAY HAVE to ask for a jury or court trial in any dispute with the Company." In a paragraph labeled "EXAMPLES OF CLAIMS SUBJECT TO ARBITRATION, " the ESAPP provides:

Claims and disputes covered by this [ESAPP] include, but are NOT limited to: (a) all claims and disputes that an employee of the Company may not have or may have in the future against the Company, and (b) all claims that the Company may presently have or may have in the future against the employee.
By way of example, the claims covered by this [ESAPP] also include, but are NOT limited to, all: . . . negligence, negligence per se and gross negligence claims; . . . and any and all claims challenging the existence, validity or enforceability of this [ESAPP] (in whole or in part) or challenging the applicability of this [ESAPP] to a particular dispute or claim.

         On November 22, 2013, Wilkerson was injured moving a heavy bale of wire while working at Encore Wire Corporation. According to Wilkerson, ES McKinney told him to stay home until he received a medical release, but he was soon fired for failing to report to work. On April 16, 2015, Wilkerson filed suit against the three appellants. He alleged he was hired by "an Employee Solutions entity, presumably Employee Solutions McKinney" and assigned to work at Encore Wire. Wilkerson alleged that appellants, who were nonsubscribers to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.