Missouri Court of Appeals, Western District / Jul 27, 2021
Telissah Johnson vs. Menard, Inc.
Telissah Johnson sued her former employer, Menard Inc., for employment discrimination. Menard moved to compel arbitration based on an Employee/Employer Agreement (EEA) Johnson signed, which included an arbitration provision and a delegation clause. The trial court denied Menard's motion to compel arbitration. The appellate court affirmed, holding that both the delegation provision and the arbitration agreement lacked valid consideration because Menard retained an unlimited and unilateral right to modify the EEA, rendering its promises illusory.