Tovar
Tovar v. Windsor Convalescent and Rehab. Center etc. CA4/3
Opinion
Opinion
FACTS
I. Trovar’s Employment
In January 2018, Tovar was hired as a registered nurse by Windsor, a skilled nursing facility that offers short-term, long-term, and rehabilitative health services. Included within her new-hire packet were two documents concerning the company’s arbitration policy: (1) Windsor’s “Alternative Dispute Resolution Policy” (the Policy), and (2) Windsor’s “Agreement to be Bound by Alternative Dispute Resolution Policy” (capitalization omitted) (the Agreement). Tovar signed the Agreement because she was told the documents in her new-hire packet were required for her employment.1 Tovar left her employment with Windsor in August 2018.
II. The Arbitration Agreement
Newly hired employees at Windsor were given a copy of the Policy, a three-page document. This document explained the Policy was “mandatory for all disputes arising between employees, on the one hand, and Windsor Convalescent and Rehabilitation Center of Salinas, LLC . . . , on the other hand[ ]” (capitalization omitted) and covered any employment-related disputes, including wage and hour claims. It also addressed the alternative dispute resolution procedure—how the process is initiated, how an…