Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Osborne v. Charter Communications, Inc.

United States District Court, E.D. Missouri, Eastern Division

May 17, 2019

CANDACE OSBORNE, Plaintiff,
v.
CHARTER COMMUNICATIONS, INC., Defendant.

          OPINION, MEMORANDUM AND ORDER

          HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on Defendant's Motion to Dismiss and Compel Arbitration or in the Alternative, Stay Proceedings Pending Arbitration [Doc 7]. Plaintiff did not file an opposition to the Motion, however, prior to the filing of the Motion, Plaintiff filed a “Memorandum for Clerk” wherein she details her position regarding arbitration. For the reasons set forth below, the Motion to Compel Arbitration is granted.

         Facts and Background

         Plaintiff filed this action pro se against Defendant on October 23, 2018, alleging that her employment with Defendant was terminated in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq., based on her sex.

         Defendant has submitted the Affidavit of Tammie Knapper, Director, HR Technology for Charter Communications, LLC which sets out the following:

         Solution Channel is Charter's employment-based legal dispute resolution program ("the Program"). On October 6, 2017, Charter announced the Program by email to all non-union below the level of Executive Vice President, who were active, or who were not on a leave of absence, on that date (hereinafter “Employees”). Employees received the email announcement from Paul Marchand, Executive Vice President, Human Resources, at the Charter work email address assigned to them.

         The Solution Channel Announcement indicated to Employees that they would be enrolled in the Program unless they opted out of the Program within 30 days. That 30-day period expired on November 5, 2017. The Solution Channel Announcement stated in part:

Unless you opt out of participating in Solution Channel within the next 30 days, you will be enrolled. Instructions for opting out of Solution Channel are also located on Panorama.

         The Solution Channel Announcement included a link to the Solution Channel web page located on the Charter intranet site accessible to Employees, named Panorama. The Solution Channel web page was accessible to the Employees on Charter's network, and included additional information regarding the Program.

         The Solution Channel web page accessible to Employees on Panorama included a reference and link to Charter's Mutual Arbitration Agreement. The Solution Channel web page accessible to Employees on Panorama also included the following information:

         Opting Out of Solution Channel

If you do not opt out of Solution Channel within the designated time, you will be automatically enrolled in Solution Channel and considered to have consented to the terms of the Mutual Arbitration Agreement at that time. To opt-out of Solution Channel, please click here. In the new window that will open, click Main Menu->Self-Service->Solution Channel.

         Employees who wished to learn more about opting out of the Program could select the "click here" link, which launched the opening of the PeopleSoft sign-in web page. Employees who signed into PeopleSoft using their regular network credentials could select "Self Service" from the main menu on the PeopleSoft home page, and then select "Solution Channel" from the Self Service menu. By selecting "Solution Channel," Employees would land on a page within PeopleSoft, at which they could opt out of the Program (the "PeopleSoft Solution Channel Page").

         If Employees wished to opt out of the Program, they checked the box next to the phrase "I want to opt out of Solution Channel", entered their name in an adjacent text field, and clicked "SAVE." Employees had the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.