Butler v. Vons Companies, Inc.

Appellant Sheldon Butler, a stock clerk for respondent The Vons Companies, Inc., entered into a “Compromise and Release Settlement Agreement” (Release Agreement) with Vons, after the resolution of an altercation that Butler had with a coemployee, Tim Furman (not a party to this appeal). A little less than two years thereafter, Butler filed the instant employment discrimination action, which is entirely distinct from the dispute involving Furman. The trial court granted Vons’s motion for summary judgment on the ground that the Release Agreement barred the action. We find that it is a question of fact whether Vons intended to release the employment discrimination claim. Accordingly; we reverse the judgment.

FACTS

Butler, a Vons employee since 1990, was transferred to Vons store No. 3138 about September 1999. Prior to his transfer to store No. 3138, he did not experience any harassment. However, following his transfer to store No. 3138, Butler claims that he was harassed and discriminated against in store No. 3138 (for details, see pp. 945-946, post), and that this lasted for a year and a half until May 28, 2001, when he transferred to another Vons store, after which he…