NEUSON v. MACY'S DEPT. STORES INC.

No. 28968-1-III.

249 P.3d 1054 (2011)

Anjelia NEUSON, Appellant, v. MACY'S DEPARTMENT STORES INC., a corporation, Respondent.

Court of Appeals of Washington, Division 3.

March 22, 2011.


Attorney(s) appearing for the Case

Gregory George Staeheli , Law Office of Gregory Staeheli, Spokane, WA, for Appellant.

Barry Alan Johnsrud , Kristin Suzanne Bell Jackson Lewis LLP, Seattle, WA, Betty Thorne Tierney , Macy's Law Department, Saint Louis, MO, for Respondent.


SWEENEY, J.

¶ 1 A trial court entered findings and concluded that an employer was entitled to a presumption that it mailed an election form, which permitted an employee to opt out of mandatory arbitration of employment-related disputes. The employee's discrimination suit was stayed following the trial court's order. We conclude that the court was not privileged to weigh the evidence in this summary proceeding. And we are unable to conclude that the employer is...

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