Alorica attempts to distinguish Kmart in several ways, none of which we find persuasive. Both cases involve an employee’s sworn denial of notice or login and an employer’s proffer of electronic records seeming to indicate otherwise. Ramirez, the Court of Appeals stated the “trial court’s decision rested on legally sufficient evidence.”Īt first blush, the similarities between this case and Kmart are striking. Citing the appellate court’s own 2016 decision in Kmart Stores of Texas, L.L.C. On appeal, Alorica asked the El Paso court to rule the company’s evidence was more credible as a matter of law and overturn the trial court’s order denying arbitration. Alorica then filed an interlocutory appeal with the Eighth District Court of Appeals in El Paso. Because of this, the trial court denied Alorica’s motion to compel arbitration. The trial court ultimately determined Tovar’s evidence regarding her knowledge of the arbitration agreement was more credible than that provided by Alorica. In reply, Alorica claimed Tovar’s computer login was used to access and agree to the mandatory arbitration policy.

During a Tipps hearing, Tovar provided testimony stating she first became aware of the arbitration agreement after she filed her lawsuit.

In her sworn statement, Tovar asserted that she had never seen, read, nor agreed to be bound by the terms of the arbitration policy. Tovar submitted to the court a sworn affidavit stating she was wholly unaware of the mandatory arbitration agreement. In addition, the company claimed Tovar implicitly assented to the arbitration policy by continuing her employment relationship with Alorica after the policy was put in place. In response, Alorica filed a motion to compel the dispute to arbitration.Īccording to Alorica, Tovar explicitly assented to the company’s mandatory arbitration agreement through electronic means. – El Paso, November 26, 2018), a woman, Tovar, filed a lawsuit against her former employer, Alorica, claiming the company illegally committed disability discrimination and also retaliated against her for pursuing workers’ compensation claims. The Eighth District Court of Appeals in El Paso has affirmed a trial court’s order denying arbitration in a discrimination and retaliation lawsuit.

Alorica eis