W. Va. Department of Health & Human Resources v. Denise (Signed Opinion)
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The Supreme Court affirmed the judgment of the circuit court refusing to compel arbitration in this case alleging violations of the West Virginia Human Rights Act, W. Va. Code 5-11-1 to -20, holding that the West Virginia Department of Health and Human Resources (DHHR) could not enforce the arbitration agreement.
Plaintiff, a nurse who formerly worked for Sunbelt Staffing, LLC, signed an employment agreement containing an arbitration provision. Plaintiff was assigned to work at a hospital under DHHR's direction but later was informed she was not eligible to return to work for DHHR. Plaintiff filed an amended complaint against DHHR and others, alleging violations of the Act. DHHR moved to dismiss the amended complaint and to compel arbitration. The circuit court denied the motion. The Supreme Court affirmed, holding (1) DHHR had no right to invoke arbitration contained in the employment agreement; and (2) the theory of estoppel did not require arbitration.
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