Mongue v. The Wheatleigh Corporation

**Worker Wins Right to Sue Employer in Court Instead of Arbitration** This case involved a Hallmark Cards employee who wanted to sue the company for discrimination and retaliation but was told they had to use the company's internal dispute resolution program instead of going to court. Hallmark argued that when the employee participated in this program, they agreed to handle all workplace disputes through arbitration rather than filing lawsuits. The Missouri Supreme Court sided with the employee and overturned a lower court's decision. The court found that Hallmark's dispute resolution program was not a valid contract because it was unfairly one-sided. Specifically, Hallmark could change or cancel the program whenever it wanted, while employees had no similar rights. This lack of "mutual consideration" - where both sides give up something of value - made the agreement unenforceable. This ruling matters because it protects workers' rights to access the court system when facing workplace discrimination or retaliation. Employers cannot force workers into arbitration through unfair agreements that heavily favor the company. Workers should know that arbitration agreements must be fair to both sides to be legally binding.