Owens

I. Introduction

This appeal is from an order denying a petition to compel arbitration and refusing to stay the action until the dispute had been arbitrated. Because there was no evidentiary basis for the court’s order, we reverse.

II. Background

Plaintiff, Ronald L. Owens, filed an unverified complaint against defendants, Intertec Design, Inc., and Leon Kopyt, for: breach of an employment contract; breach of the implied covenant of good faith and fair dealing; intentional infliction of severe emotional distress; and fraud. The written employment agreement contained an arbitration clause as follows: “Arbitra tion: Any dispute arising out of or connected with your employment with the Company shall be submitted to the Philadelphia, Pennsylvania Office of the American Arbitration Association for resolution under the Association’s Voluntary Labor Arbitration Rules. The arbitrator selected by the parties shall conduct a full hearing at which both parties shall be entitled to present evidence, examine and cross-examine witnesses and to be represented by counsel. The arbitrator shall issue a written decision which shall be final and binding on the parties. The arbitrator’s fee…