Nelson v. Service Corp. International
This appeal presents the unique situation where a former employee is seeking to arbitrate her dispute with her former employer, and the employer refuses to arbitrate, arguing the employee waived her contractual right to arbitrate. From May 2004 to December 2004, Cherise Nelson was employed by a company involved in providing funeral related services.[1] As part of Nelson's employment, she signed an agreement containing an arbitration clause that covered claims arising out of her employment.
Nelson elected to pursue potential class actions in federal court in Arizona instead of demanding arbitration. These class actions concerned wage and hour claims stemming from Nelson's employment from May 2004 to December 2004. After litigating for over three years in these various actions, Nelson demanded arbitration against her former employer and related entities. When the entities did not respond to the arbitration demand, Nelson filed a petition to compel arbitration against SCI; CCFS; SCI Funeral and Cemetery Purchasing Cooperative, Inc.; SCI Western Market Support Center, L.P.; SCI California Funeral Services, Inc., Greenwood Memorial Park; Jane D. Jones; and Thomas Ryan (collectively Respondents). The superior court denied Nelson's petition, finding she had waived her right to arbitrate.
Nelson appeals, claiming the court erred in finding waiver. We determine substantial evidence supports the court's finding of waiver and thus affirm.
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