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Teschendorf v. RIIS, LLC

United States District Court, E.D. Michigan, Southern Division

April 18, 2018

ANN TESCHENDORF, Plaintiff,
v.
RIIS, LLC and GODFREY NOLAN, Defendants.

          MEMORANDUM AND ORDER DENYING DEFENDANTS' MOTION TO COMPEL ARBITRATION (Doc. 12) [1]

          AVERN COHN UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         This is a Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and breach of contract case. Plaintiff Ann (Teschendorf) is suing her former employer RIIS, LLC (RIIS) and RIIS owner Godfrey Nolan. Teschendorf says that RIIS withheld payment of wages and commissions, clawed back commissions, and retaliated against her for complaining about her right to be paid. Teschendorf's complaint is in five counts:

Count I: Failure to Pay Wages under the FLSA
Count II: Retaliation in Violation of the FLSA
Count III: Breach of Contract
Count IV: Action for Accounting Count
V: Quantum Meruit

(Doc. 1). Teschendorf asks for recovery of unpaid wages, unpaid overtime wages, liquidated damages, attorney's fees, and a judgment compelling defendants to prepare an accounting.

         Now before the Court is RIIS' motion to compel arbitration (Doc. 12), to which Teschendorf has responded (Doc. 15) and RIIS has replied (Doc. 16). For the reasons that follow, RIIS' motion is DENIED.

         II. BACKGROUND

         Teschendorf worked as a commissioned salesperson at RIIS from 2009 until her termination on November 17, 2017.

         1.

         On March 14, 2016, RIIS Human Resources Manager Danielle Bates (Bates) emailed all RIIS employees a copy of the updated RIIS ...


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