Elias

FACTS AND PROCEDURAL HISTORY

SC Fuels is a large petroleum distributor operating throughout the western United States. In 2007, it purchased a majority interest in publicly-traded United Fuel. SC Fuels and United Fuel then entered into a shared services agreement under which they combined a variety of overhead business services and maintained corporate headquarters in the same office building. Among the services the two companies shared was human resources, with SC Fuels’s human resources department handling all personnel matters for both companies.

2 In February 2008, SC Fuels hired Elias as an accounting manager, responsible for handling a variety of financial reports and entries and also supervising three other accounting employees. When she was hired, Elias completed numerous forms including a “Mutual Arbitration Agreement” (Arbitration Agreement), which required her to arbitrate all claims she “may have against the Company or its related entities or employees, arising out of or relating to the employment relationship or termination of employment . . . .” In October 2008, Elias switched to United Fuel’s accounting department, acting as an accounting supervisor to six…