Quigley v. Kpmg Peat Marwick, Llp

749 A.2d 405 (2000)

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Nature of the Case

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Facts

P was promoted to the position of manager in July 1981, and senior manager in July 1984. In accordance with D's policy, as consideration for these promotions D required P to execute a Manager's Agreement and a Senior Manager's Agreement respectively. Paragraph eleven provides: Any claim or controversy between the parties arising out of or relating to this Agreement or the breach thereof, or in any way related to the terms and conditions of the employment of Manager by [defendant], shall be settled by arbitration under the laws of the state in which Manager's office is located. P was terminated from his position at D after eighteen years of employment. P states that defendant hired him in 1978 and he received 'consistent praise for his good work, along with annual performance bonuses and raises. According to the complaint, D terminated P without notice or good cause in July 1996 and offered his position to a younger person. P filed a complaint alleging discrimination on account of his age. The complaint was dismissed, and the matter was ordered to arbitration. P appealed. D claims he signed the Agreement to arbitrate under duress. When presented with the documents he was told to sign or be fired.