Ii Findings Of Fact And Conclusions Of Law
Under the Federal Arbitration Act , 9 U.S.C. §§ 1-16, only when a litigant establishes the existence of a valid agreement to arbitrate must the district court grant the litigant’s motion to compel arbitration and stay proceedings until the completion of arbitration. Glazer v. Lehman Bros., Inc., 394 F.3d 444, 451 . “When deciding whether the parties agreed to arbitrate a certain matter . . . , courts generally . . . should apply ordinary state-law principles that govern the formation of contracts.” First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 944 . Under Tennessee law, “acceptance of a written agreement can be performed by action under the contract.” Seawright v. Am. Gen. Fin. Servs., Inc., 507 F.3d 967, 973 . Thus, whether an employee actually signed an arbitration agreement is not dispositive of the question of contract formation. But, signed or not, a contract “must result from a meeting of the minds of the parties in mutual assent to the terms, must be based upon a sufficient consideration, free from fraud or undue influence, not against public policy and sufficiently definite to be enforced.” Staubach Retail Servs.-Se., LLC v. H.G. Hill Realty Co., 160 S.W.3d 521, 524 ) see also Walker v. Ryan’s Family Steak Houses, Inc., 400 F.3d 370, 383 .
Donalson’s claim that he allowed new hires forty-five minutes to an hour to sit and read the Associate Handbook from start to finish strains credulity. ——–
Floor And Decor Outlets Of America
Floor and Decor Outlets of America, Inc. operates as a subsidiary of Floor & Decor Holdings, Inc. and operated retail outlets in Arizona, California, Colorado, Florida, Georgia, Missouri, Illinois, Louisiana, Massachusetts, Michigan, Nevada, New Mexico, Ohio, Pennsylvania, Tennessee, Texas, Utah, Washington, and Virginia. The company also sells its products online.
Floor And Decor Employee Login
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Iii Conclusion And Order
The court finds, as a factual matter, that the plaintiff did not receive a copy of the Associate Handbook and was not apprised of the existence of the Arbitration Agreement or that his continued employment constituted consent to arbitrate any employment-related disputes. Because there was no meeting of the minds, no contract to arbitrate was formed in this case. The defendant’s Motion to Compel Arbitration is DENIED WITH PREJUDICE.
It is so ORDERED.
Why Choose Floor & Decor
At Floor & Decor, entrepreneurship and teamwork are not just buzzwords. Our associates are a community of success-driven, innovative go-getters that are taking the company and their careers to the next level. If you enjoy a fast-paced environment, working with people from diverse backgrounds, and are looking to build a career, then come find your future at Floor & Decor.
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It is very rare to see people having troubles with our login system, a guide should still be ready to prevent any mishaps. If you fall into one of those cases where you cannot log into our page, here is a guide for you to fix it on your side.
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I The Evidence Presented
The defendant called two witnesses: the plaintiff and James Jonathan Donalson. The plaintiff called only one witness: the plaintiff himself.
JJ Donalson worked for defendant Floor and Decor Outlets of America, Inc. beginning approximately twelve or thirteen years ago until January 2020. He now lives and works in Texas. He testified by live video link. Donalson was formerly employed at F& D’s Nashville, Tennessee store as its Chief Executive Merchant, effectively its general manager. Jeremy Glass was the Nashville store’s Operations Manager at the relevant time. Glass normally conducted new hire orientations, unless they took place on a weekend or holiday or if, for some other reason, Glass was not available. In that event, Donalson would do them. Donalson never witnessed Glass’s orientations.
The court takes judicial notice that November 18, 2016 fell on a Friday.
Donalson has no specific recollection of conducting the plaintiff’s new-hire orientation. He believes that he did the orientation based on the fact that his signature appears on two forms in the plaintiff’s personnel file: an Occupational Safety Hazard Administration Required Safety Programs Acknowledgement Form at Time of Hire and Return to Work Program Acknowledgment Form . Both of these documents reflect the signatures of both the plaintiff and JJ Donalson, and the signatures of both are dated 11/18/16. Donalson acknowledged that both of the handwritten dates on the OSHA form are in his handwriting.
Who We Are
Floor & Decor is like no other flooring company, offering the broadest in-stock selection of tile, wood, stone, related tools, and flooring accessories at everyday low prices. We deliver a unique shopping experience through inspirational displays and incredible customer service. Founded as a single store in 2000, weve quickly become one of the countrys leading flooring retailers through our associates teamwork and entrepreneurial spirit. With 100 stores and counting, the opportunities to advance within our organization are endless were proud to rank 48th on Fortunes 2020 list of the 100 fastest-growing companies. From our stores to our corporate headquarters, we all have one common goal: do our part in helping the company succeed. We work together in a respectful, collaborative and community-driven environment where every voice counts.
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