IN RE POLYMERICA, LLC D/B/A GLOBAL ENTERPRISES, INC., RELATOR, 296 S.W.3d 74

Summary

The employee signed a dispute resolution plan prepared by a third party human resources management company. The plan described a four-step process for resolving disputes, the fourth of which required binding arbitration under the Federal Arbitration Act, and stated that it was a condition of employment. The plan contained a termination provision that required notice to employees and applied prospectively only. Subsequently, the employer distributed an employee handbook that provided for arbitration in accordance with the plan. The handbook stated that prior versions were revoked. The employer ended its contract with the human resources management company before the employee's termination. The court held that the handbook's statement revoking prior versions did not nullify the dispute resolution plan. Because the employer could not avoid its promise to arbitrate by amending or terminating the provision, the dispute resolution plan was not illusory. The employer was a party entitled to ...