Question
1a. Identify the issue of law posed by the case problem. 1b. What should be the decision in the case? (i.e. the answer to the
1a. Identify the issue of law posed by the case problem.
1b. What should be the decision in the case? (i.e. the answer to the issue).
1c. The reasoning for such decision.
On November 17, 2000, United orally offered Cheek a position of employment as a senior sales executive, which was confirmed in writing the same day. The two-page letter set forth various conditions of United's offer of employment, including that Cheek accepted United's "Employment Arbitration Policy." Specifically, the letter stated that enclosed with it were "summaries of the United Group Internal Dispute and Employment Arbitration Policy which are conditions of your employment." Cheek claims that "[n]o detail of the arbitration policy" was included with United's November 17 letter. In a November 28, 2000, letter to United, Cheek wrote that he was "delighted to accept United Healthcare's generous offer" and that "all of the terms in your employment letter are amenable to me." He also indicated that he had submitted his resignation that morning to his current employer, Blue Cross/Blue Shield of the District of Columbia. On January 2, 2001, during Cheek's first day of employment with United, he received a copy of United's Employee Handbook, which contained summaries of United's Internal Dispute Resolution Policy and Employment Arbitration Policy (hereinafter, "Arbitration Policy" or "Policy").The summary of the Arbitration Policy described the scope of the Policy, the rules applicable in arbitration, how an employee initiates arbitration, and the types of relief available in arbitration. Specifically, the summary of the Policy stated that United "believes that the resolution of disagreements between employees and United "are best accomplished by an internal dispute review (IDR) and, where that fails, by arbitration based on the rules of the American Arbitration Association." Accordingly, United declared in the summary of the Policy that arbitration "is the final, exclusive and required forum for the resolution of all employment related disputes which are based on a legal claim and that any party to [such a dispute] may initiate the arbitration process.United HealthCare reserves the right to alter, amend, modify, or revoke the Policy at its sole and absolute discretion atany time with or without notice. The senior executive of Human Resources has the sole authority to alter, amend, modify, or revoke the Policy." On January 2, 2001, Cheek signed an "Acknowledgment Form for the Code of Conduct and Employment Handbook." In that Form, Cheek acknowledged that he had "specifically received and reviewed," among other things, an "Internal Dispute Resolution/Employment Arbitration Policy." Cheek was let go by United and sued United. United requested that the Court dismiss the case due to United's mandatory arbitration contract with Cheek.
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