GRANT W. MORGAN VS. RAYMOURS FURNITURE COMPANY, INC.,
ET AL.
A-2830-14T2
Defendants appealed the denial of their motion to compel arbitration of claims contained in plaintiff's complaint, which included age discrimination and wrongful termination claims, arguing that within its employee handbook could be found plaintiff's agreement to both arbitrate and waive his right to sue. Although those provisions were located within, the employer had prefaced the handbook with a disclaimer against any assumption that its provisions were "contractual in nature." The court affirmed the denial of arbitration, concluding the employer could not equitably have it both ways and that the presence of the employer's disclaimer precluded a determination that the employee had contracted away his right to sue.
A-2830-14T2
Defendants appealed the denial of their motion to compel arbitration of claims contained in plaintiff's complaint, which included age discrimination and wrongful termination claims, arguing that within its employee handbook could be found plaintiff's agreement to both arbitrate and waive his right to sue. Although those provisions were located within, the employer had prefaced the handbook with a disclaimer against any assumption that its provisions were "contractual in nature." The court affirmed the denial of arbitration, concluding the employer could not equitably have it both ways and that the presence of the employer's disclaimer precluded a determination that the employee had contracted away his right to sue.
