Retaliation Cases

Arbitration agreement race discrimination retaliation motion to stay litigation pending arbitration non-class action claims procedurally unconscionable substantively unconscionable. - Trial court abused its discretion in granting employer's motion to stay litigation pending arbitration where the arbitration agreement was both substantively and procedurally unconscionable.

Appellant/employee brought this retaliatory discharge case against Appellee, his former employer. Appellant alleged that he was fired in retaliation for claiming workers' compensation benefits. The trial court granted summary judgment in favor of the employer, finding that Appellant failed to meet his burden to show a causal connection between the filing of his workers' compensation claim and the termination of his employment. In the alternative, the trial court found that Appellee provided legitimate, non-discriminatory reasons for its decision to terminate Appellant's employment, and Appellant failed to meet his burden to show that the proffered reasons were pretext. Discerning no error, we affirm and remand.