Espinoza sued her former employer, Centinela Skilled Nursing & Wellness Centre West, LLC, for discrimination and retaliation. The employer filed a motion to stay the litigation and compel arbitration, invoking the terms of an arbitration agreement that Espinoza had signed.
The Supreme Court concluded that a party litigating in federal court cannot later compel arbitration by arguing that the delay caused no harm or prejudice to the opposing party. When an employee files a lawsuit, weigh if you want to engage in litigation or compel arbitration
On November 15, 2021, the Supreme Court agreed to hear Robyn Morgan v. Sundance, Inc., a lawsuit from a fast-food worker who asserts that her employer waived its right to arbitration by engaging in litigation conduct inconsistent with its purported contractual rights.