Warfield v. Beth Israel Deaconess Med. Ctr., Inc (Summary)

ARBITRATION

Warfieldv. Beth Israel Deaconess Med. Ctr., Inc., SJC-10375 (Mass. July 27, 2009)

The Supreme Judicial Court of Massachusetts found that the arbitration clause in an anesthesiologist’s employment agreement did not compel the anesthesiologist to arbitrate the discrimination, tortious interference, or defamation claims arising from her dismissal as anesthesiologist-in-chief for the medical center.

The anesthesiologist claimed that her dismissal violated state antidiscrimination laws. Several years prior to her appointment, the anesthesiologist had signed an employment agreement containing an arbitration clause. The medical center, Chief of Surgery, and Chief Executive Officer argued that the anesthesiologist should, by virtue of the arbitration clause, be compelled to arbitrate her discrimination claims outside of court.

The court concluded that the arbitration clause could only be enforced if it was "stated in clear and unmistakable terms." The court then noted that the arbitration clause did not state that discrimination claims are to be arbitrated. Lacking this clear language, the court held "that the terms of the agreement are insufficiently clear to constitute an enforceable agreement." Since the anesthesiologist’s tortious interference and defamation claims also stemmed from the termination of her appointment, the court held that the anesthesiologist could bring these claims to court as well.