DARRELL TRIGG v. LITTLE SIX CORPORATION ET AL. - Articles

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Posted by: Tanja Trezise on Jul 28, 2014

Court: TN Court of Appeals

Attorneys 1:

Robert L. Arrington, Andrew T. Wampler, and Sarah B. Ellsworth, Kingsport, Tennessee, for the appellant, Darrell Trigg.

Attorneys 2:

W. Challen Walling and Wade W. Massie, Bristol, Tennessee, for the appellees, Little Six Corporation dba Short Mountain Silica, J.D. Nicewonder, R.L. Wallen, and David Lester.

Judge(s): SUSANO

The issue in this wrongful termination action is the enforceability of an arbitration clause in an agreement between the plaintiff employee and his former employer. Plaintiff executed an employment agreement in 2007. Employer terminated plaintiff without cause in April 2012. He brought this action alleging common law retaliatory discharge and violations of the Tennessee Public Protection Act and the Tennessee Human Rights Act. Employer filed a motion to compel arbitration. Plaintiff argued that the arbitration clause is unenforceable because it is unconscionable due to the “excessive” and “prohibitive” costs of arbitration. The trial court found that the agreement had been freely negotiated and was neither a contract of adhesion nor unconscionable. We affirm the judgment of the trial court enforcing the agreement and ordering arbitration.

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