Court Case Summary
MLF LEGAL IS A
NO-WIN NO FEE LAW FIRM
HEB Grocery Co. v. Perez
Citation:
HEB Grocery Co. v. Perez, No. 13-18-00063-CV, 2019 WL 3406609 (Tex. App.—Corpus Christi–Edinburg July 25, 2019, mem. op.)
Court & Date
- Court: Texas Court of Appeals, Thirteenth District (Corpus Christi–Edinburg)
- Date: July 25, 2019
Opinion by: Justice Hinojosa
Facts
- Employment Application: Yolanda Perez applied for a job with HEB through an online application.
- Arbitration Agreement:
- The application included an Agreement to Arbitrate requiring all disputes related to hiring, employment, benefits, separation, or occupational injuries to be resolved exclusively by binding arbitration under the FAA.
- Perez had to review this agreement before completing the application and affirmatively answered “Yes” to a question confirming she understood and agreed.
- Dispute: Perez later brought claims against HEB in court. HEB moved to compel arbitration.
Trial Court: Denied HEB’s motion to compel arbitration.
Issue
- Whether the arbitration agreement in HEB’s online employment application was valid and enforceable, requiring Perez’s claims to be arbitrated.
Holding
- Reversed and Remanded.
The Court of Appeals held that Perez did agree to arbitrate her claims, and the trial court erred in refusing to compel arbitration.
Reasoning
- Mutual Assent: Perez had notice of the arbitration agreement and affirmatively assented by clicking “Yes.”
- FAA Policy: The agreement expressly invoked the FAA, which strongly favors arbitration.
- Scope: The arbitration clause was broad and covered Perez’s claims.
Significance – Power of Arbitration Agreements
- Employment Context: Online arbitration agreements are enforceable if the applicant has notice and affirmatively assents.
- Judicial Deference: Texas courts will enforce arbitration agreements broadly and overturn trial courts that improperly deny arbitration.
- Practical Effect: Arbitration agreements can completely redirect disputes away from court, even before substantive issues like liability or damages are reache