Granite Construction Co., ("Granite") challenges the denial of its motion to compel arbitration of a wrongful discharge claim pursued by Milton Beaty in the 1st District Court of Jasper County, Texas. Granite filed a petition for writ of mandamus, asking this Court to direct the trial court to vacate the order denying the motion to compel and to enter an order compelling the parties to proceed to arbitration under the Federal Arbitration Act ("FAA"), and contemporaneously pursued an interlocutory appeal under the Texas Arbitration Act ("TAA"). See 9 U.S.C.A. 1-16 (West 1999 & Supp. 2004); Tex. Civ. Prac. & Rem. Code Ann. 171.001-.098 (Vernon 1997 & Supp. 2004). Granites two issues ask: "Is there a binding agreement between Granite and Beaty to arbitrate employment disputes?" and "Did Granites delay in seeking to compel arbitration waive its right to arbitrate, when there is no evidence that the delay prejudiced Beaty?" We hold that the wrongful discharge claim falls within the scope of a valid arbitration agreement to which the FAA applies and that Beaty failed to establish waiver. Therefore, we conditionally grant the petition for writ of mandamus and dismiss the interlocutory appeal for lack of jurisdiction.
