Neuson v. Macy's Department Stores, Inc.

fl A trial court entered findings and concluded that an employer was entitled to a presumption that it mailed an election form, which permitted an employee to opt out of mandatory arbitration of employment-related disputes. The employee’s discrimination suit was stayed following the trial court’s order. We conclude that the court was not privileged to weigh the evidence in this summary proceeding. And we are unable to conclude that the employer is entitled to arbitration as a matter of law *789when we view the evidence in a light most favorable to the employee. We therefore reverse the trial…