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Contracts Keyed to Dawson
Parsons v. Halliburton Energy Services, Inc.
Citation:
237 W. Va. 138.Facts
Plaintiff worked for the defendant from June to October 2013. On December 3, 2013, plaintiff brought suit against defendant alleging it violated the West Virginia Wage Payment and Collection Act by failing to timely pay his final wages. Plaintiff also sought to create a class action of other employees who were not timely paid. On December 16, 2013, defendant’s counsel emailed plaintiff’s counsel requesting an extension to plead. On April 21, 2014, defense counsel again asked for an extension and discussed such via a phone conversation with plaintiff’s counsel. On May 22, 2014, plaintiff’s counsel emailed defense counsel because the defendant had still not answered the complaint. A different attorney responded that they had taken over the case and would need time to “get a handle” on it. On July 7, 2014, the defendant filed a motion to compel arbitration. The plaintiff argued that defendant had waived its contractual right to arbitration by actively participating in the litigation.
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