Dollar Tree Stores, Inc. and Janie Harper Missouri Cases

Nina Theroff, a former employee, sued Dollar Tree Stores, Inc. for disability discrimination. Dollar Tree moved to compel arbitration, which the circuit court denied without making specific findings of fact. The Missouri Supreme Court affirmed the circuit court's order, holding that when there is a factual dispute about the existence of an arbitration agreement due to a lack of assent, the court, not an arbitrator, must first determine if an agreement exists. The Court found that the circuit court implicitly found no agreement existed, and this finding was supported by substantial evidence.

Nina Theroff, a former employee, sued Dollar Tree Stores, Inc. for disability discrimination under the Missouri Human Rights Act. Dollar Tree moved to compel arbitration, asserting Theroff had digitally signed a mutual arbitration agreement. The trial court denied the motion without making factual findings, and Dollar Tree appealed. The appellate court affirmed, holding that there was substantial evidence to support the trial court's implicit finding that no arbitration agreement was "concluded" between the parties, as Theroff testified she did not sign it or authorize anyone to sign on her behalf.