(Defendant employer waived its right to compel arbitration. Its claim to have suddenly discovered the employee’s arbitration agreement five months after the suit was filed was not credible as no explanation was given why the employee’s personnel file containing the arbitration agreement was not available earlier. In addition, the employer agreed to mediate the case on a class action basis knowing that most other employees had signed arbitration agreements–and then reneged on mediation after the court had ordered it. The employer didn’t file the motion to compel arbitration until another six months had passed since its supposed late discovery of the employee’s arbitration agreement.)