(“Brookdale”) and John and Jane Does. Vanderhorst (“Vanderhorst”) and the Defendants are Brookdale Senior Living Communities, Inc. #4) ORDERING THE PARTIES TO PROCEED TO ARBITRATION AND DISMISSING THIS CASE _ The Plaintiff in this matter is Anne M.Now before the Court is Brookdale’s Motion To Dismiss Or Compel Arbitration and Stay Proceedings. #3.) She seeks compensatory and punitive damages, attorneys’ fees and a permanent injunction. The First is for wrongful termination in violation of Ohio public policy, the Second is for retaliatory discharge and the Third is for defamation. Vanderhorst alleges three Causes of Action. The Complaint was then removed to this Court by Brookdale based upon this Court having diversity jurisdiction. Vanderhorst initially brought her Complaint in the Court of Common Pleas for Miami County, Ohio.
![]() At ¶ 4.) Jolene Denson, Brookdale’s Business Office Coordinator, says that she conducted Vanderhorst’s new hire orientation on January 19, 2010. ¶ 2.) Vanderhorst was employed as a nurse at Sterling House from January 20, 2010, until March 3, 2011. Dockets.Justia.com RELEVANT FACTUAL BACKGROUND Brookdale owned and operated a facility known as the Sterling House of Piqua (“Sterling House”) located at 1744 West High Street in Piqua, Ohio. 3.) Vanderhorst says that none of the documents provided to her during the new hire orientation were discussed in any detail and no mention was made of arbitration. ♧.) Vanderhorst acknowledged receipt of the Associate Handbook by signing the Associate Handbook Receipt and Acknowledgement. At ¶ 9.) Denson says she also provided Vanderhorst with an Associate Handbook. A.) Denson says that Vanderhorst did not ask to consult with an attorney regarding the Agreement or the other newhire paperwork. (Id.) Vanderhorst signed the Agreement. At ¶ 6.) The Agreement, according to Denson, was a separately stapled document from the other new hire paperwork that was provided to Vanderhorst. (Id.) Vanderhorst says that she has no recollection of seeing and/or reviewing a copy of the -2- four-page Agreement at issue here. (Id.) Vanderhorst says that she was not given an opportunity to do anything more than glance at the documents presented to her. 26, 2012.) She was simply informed that it was necessary to execute, at that time, the documents presented. Apps like parallels for mac windowsA.) Also, Brookdale agrees to the use of arbitration as the exclusive forum for resolving employment disputes covered by the Agreement. At ¶ 3.) The Agreement The Agreement provides that disputes that may arise from Vanderhorst’s employment or termination must, after attempts to resolve the disputes internally, be submitted for resolution by mandatory binding arbitration. At ¶ 7.) Finally, Vanderhorst says that she has never participated in an arbitration and, prior to this action, had no understanding of what an arbitration was or what it entailed. At ¶ 6.) She also says the Agreement was not discussed with her at any time during her employment. (Id.) Vanderhorst says that she was not given the opportunity to review the Agreement or any of the other documents with an attorney or given adequate opportunity to even read the documents prior to execution. (Id.) The claims covered also include any claim that could be asserted in court or before an administrative agency or claims for which Vanderhorst has an alleged cause of action including -3- claims for breach of contract, tort, discrimination, wrongful discharge, violation of the Family Medical Leave Act (“FMLA”), violations of confidentiality or breaches of trade secrets, and/or claims for violation of any federal, state, or other governmental law, statute, regulation or ordinance. The claims covered by the Agreement include the arbitrability of a controversy or claim. (Id.) Disputes arising from or related to Vanderhorst’s employment relationship with Brookdale are to be submitted for final and binding resolution by a private and impartial arbitrator, to be jointly selected by Brookdale and Vanderhorst. (Id.) RELEVANT LEGAL PROVISIONS The resolution of Brookdale’s Motion To Dismiss Or Compel Arbitration turns on the Agreement which is an arbitration agreement. (Id.) All other costs and expenses associated with the arbitration are borne by the party incurring the expense unless provided otherwise by statute or the arbitrator. (Id.) Finally, the costs of the AAA administrative fees and the arbitrator’s fees and expenses are initially paid by Brookdale with ultimate responsibility for such costs and expenses to be determined by statue or the arbitrator. (Id.) In addition, the arbitrator must apply the governing substantive law applicable to any claims asserted by Vanderhorst. (Id.) The Agreement preserves the procedural and substantive rights and remedies that Vanderhorst is afforded under law. (Id.) Finally, claims not covered include a claim based upon Brookdale’s current employee benefits and/or welfare plans that contain an appeal procedure or other procedure for the resolution of disputes under that plan. The FAA expresses a strong public policy favoring the arbitration of a wide class of disputes. Interstate/Johnson Lane Corp., 500 U.S. 279, 289 (2002)(quoting Gilmer v. Waffle House, Inc., 534 U.S. 105, -4- 121 (2001.) The Federal Arbitration Act (“FAA”) was enacted in 1925 to “reverse the longstanding judicial hostility to arbitration agreements that had existed at English common law and had been adopted by American courts, and to place arbitration agreements upon the same footing as other contracts.” Equal Employment Opportunity Commission v. See Circuit City Stores, Inc. ![]() Further, forbearance by an at-will employer from discharging an at-will employee is adequate consideration. Helper, 770 N.E.2d 58 (Ohio 2002)). Columber, 804 N.E.2d 27, 31 (Ohio 2004)(citing Kostelnik -5- v. Land Lake Employment Group of Akron, LLC v. Under Ohio law, a valid contract exists if there is an offer, an acceptance, contractual capacity, a manifestation of mutual assent and legality of object and of consideration. ![]() Health Wellness Claremont Guide Hall. 930 am Cross Training Freedom. 1998).Brookdale senior living My Medical Arts Pharmacy. Carnes, 724 N.E.2d 828, 837 (Ohio Ct.
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