La Count v. Patina Restaurant Group CA2/8

FACTS AND PROCEDURE

La Count worked as a server for Patina beginning in 2003. In March 2007, La Count signed a “UNIT STAFF HANDBOOK RECEIPT OF ACKNOWLEDGMENT” (Acknowledgment), acknowledging receipt of the “Unit Staff Employee Handbook (effective February, 2005).” The Acknowledgment stated: “If I am dissatisfied or disagree with any action or failure to act by the Company, its employees, agents or representatives, I agree to submit the matter to the Grievance and Arbitration Procedure in effect at the time for final and binding resolution and will not initiate a lawsuit.” Although the Acknowledgment refers to the “Unit Staff Employee Handbook,” there was no such document. There was a “Unit Staff Manual.” Page 29 of 35 of Patina’s “Unit Staff Manual [¶] Revised February 2005” (Manual) provided: “All potential employment disputes, including disputes involving termination, harassment, and discrimination, must be resolved through a Grievance and Arbitration procedure. A copy can be obtained from the General Manager or the Human Resources Manager. Signing the acceptance for this manual stipulates that you are in agreement that all employment disputes must be resolved through the…