Flemma v. Halliburton Energy Services
New Mexico Supreme Court
303 P.3d 814 (2013)
- Written by Rich Walter, JD
Facts
Halliburton Energy Services, Inc. (Halliburton) (defendant) fired its at-will employee, Edward Flemma (plaintiff), over a policy dispute. Flemma sued Halliburton for wrongful discharge. Halliburton responded that its at-will employees had agreed to submit any dispute to binding arbitration. The arbitration agreement gave Halliburton, but not its employees or ex-employees, the right to choose an alternative form of dispute resolution or to modify the arbitration procedure. Halliburton retained that right even after a demand for arbitration had been made and right up to the commencement of arbitration. Halliburton filed a motion for dismissal and for referral of the case to an arbitrator. The trial court denied Halliburton’s motion but was reversed by an intermediate appellate court. Flemma appealed to the New Mexico Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Vigil, J.)
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