A home care assistant who claims she never received an arbitration agreement by mail has won the right to seek back-wages in court.
The U.S Court of Appeals for the Fifth Circuit ruled Friday that AccentCare can’t hold personal care assistant Estella Trammell to the so-called mailbox rule because she presented evidence that she never received the disputed document. Courts have previously found that mailing a properly addressed agreement can be assumed to have been delivered, Bloomberg News reported.
AccentCare Inc. also couldn’t produce a signed agreement.
Trammell is suing AccentCare for miscalculating her pay under the Fair Labor Standards Act in Trammell v. AccentCare, Inc.
