This section contains the nature of the case and procedural background.

Parsons (P) was employed by Halliburton (D). P's employment agreement provided that all disputes with the D 'shall be finally and conclusively resolved through arbitration . . . instead of through trial before a court.' P worked for D from June until October 2013. On December 3, 2013, P filed a complaint alleging that the D did not timely pay him his final wages as required by the West Virginia law. P's complaint also sought to create a class action composed of other former employees who were not timely paid their final wages. Seven months after P filed his complaint D filed a motion to compel arbitration. P responded to the motion by arguing that D had waived its contractual right to arbitration by failing to timely raise arbitration, and by acting inconsistently with its contractual right to arbitration in the previous seven months. D never filed an answer to P's complaint before moving to compel arbitration. P contends that D participated in the litigation. The circuit court granted D's motion and compelled the parties to participate in arbitration. The court determined that D had not waived its rights under the arbitration provision. The circuit court found that the D had 'not actively participated in this lawsuit. It held that P had failed, to prove he was prejudiced by D's actions or delay.

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