Question: Frances J. Vukasin was employed by D. A. Davidson & Co. in August 1979. The company implemented an annual performance review in 1985, which rated

Frances J. Vukasin was employed by D. A. Davidson & Co. in August 1979. The company implemented an annual performance review in 1985, which rated her performance in each of six areas, gave her an overall rating, and indicated a recommended salary increase. Included in Vukasin’s 1986 and 1987 performance reviews, directly above the employee’s signature line, was a provision that read, “Employment with D. A. Davidson & Co. is subject to arbitration.” The review also provided that she or her employer could terminate employment at any time for any reason. There was also a statement that “I [the employee] . acknowledge and agree that any controversy between myself and the Company arising out of my employment or the termination of my employment with the Company for any reasons whatsoever shall be determined by arbitration.” On December 12, 1988, Vukasin filed a complaint in a state court against the company. She alleged in the complaint that another employee had assaulted and battered her at the company’s offices on April 30, 1988. She claimed damages for mental and emotional distress, pain and suffering, loss of wages, and various medical and therapy expenses. Is the allegation of assault and battery outside the scope of the arbitration clause and appropriate for litigation?

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