In response to Tovar’s filing, the trial court forewent summary disposition and held two Tipps hearings.3 At the first hearing on January 9, 2017, Tovar gave live testimony.

She testified that if she had known of the arbitration agreement, she would not have signed it and did not and does not agree to its terms. She denied signing or clicking anything to indicate that she knew, agreed to, or received notice of the agreement.

She averred that she was never presented with the arbitration agreement either in paper or electronic form, nor was she informed by anybody that she was subject to an arbitration policy. In her affidavit, she testified that she had never seen or heard of the arbitration agreement at issue in this case until January 2017, after she filed suit. BACKGROUND In response to Alorica’s motion to compel arbitration, Tovar contested the existence of an arbitration agreement and submitted a sworn affidavit to the trial court. We will affirm the order denying the motion to compel arbitration.

Its judgment resolving this formation dispute rested on legally sufficient evidence, meaning that we cannot disturb the decision. The trial court was presented with conflicting evidence regarding contract formation. Our prior decision in Kmart Stores of Texas, L.L.C. as a matter of law and compel arbitration on that basis. Alorica appealed, asking this Court to credit the company’s electronic records over Tovar’s sworn denial 1 Jack B. The trial court, crediting Tovar’s evidence over that of Alorica, denied the motion to compel arbitration. In a sworn affidavit and again at a Tipps1 hearing, Tovar denied ever seeing, receiving, or agreeing to the terms of the arbitration agreement. Alorica moved to arbitrate Tovar’s claims, asserting that the company’s electronic records showed that Tovar received notice of a mandatory arbitration agreement and accepted its terms both explicitly and impliedly by continuing to show up for work. 08-18-00008-CV Appeal from the 327th District Court of El Paso County, Texas (TC# 201) OPINION Mary Lou Tovar sued her former employer Alorica following her termination, alleging disability discrimination and workers’ compensation retaliation claims. COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § ALORICA, Individually and d/b/a ALORICA, INC., Appellant, § § v.

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