#Dillards employee handbook trial#

Employees received a packet of materials containing a summary, called the 'Fairness in Action Program' (Program), a detailed guide, called the 'Rules of Arbitration' (Rules), and an acknowledgment form, which constituted the cover page of the Rules. The record establishes that, on August 27, 2000, Dillard presented its arbitration policy to employees at a mandatory meeting held inside the store before it opened for business that day.Accordingly, the question presented is whether the evidence compels a finding that Garcia received the acknowledgment form.

#Dillards employee handbook trial#

Instead, the relator 'must establish that the trial court could reasonably have reached only one decision,' and that its finding to the contrary is 'arbitrary and unreasonable.' Id. In reviewing findings of fact in a mandamus proceeding, we cannot substitute our judgment for that of the trial court.If the employee receives notice and continues working with knowledge of the modified employment terms, the employee accepts them as a matter of law.

Notice is effective if it unequivocally communicates to the employee definite changes in the employment terms.

An employer may enforce an arbitration agreement entered into during an at-will employment relationship if the employer establishes that the employee received notice of its arbitration policy and accepted it.