Lopez

Lopez v. Fountain View Subacute and Nursing Center CA2/2

Good Law
Court of Appeal of CaliforniaFebruary 16, 2022B309714California2,862 words

Opinion

Opinion

Chavez, J.

BACKGROUND

Fountain View’s employment dispute resolution program Fountain View hired plaintiff on August 30, 2009. On August 28 and August 30, 2009, plaintiff acknowledged in writing that she received a copy of Fountain View’s Employment Dispute Resolution (EDR) book. The EDR book describes and explains Fountain View’s EDR program for resolving covered disputes. Disputes covered under the EDR program include all employment-related disputes, including claims related to discipline, discrimination, fair treatment, harassment, and termination.1 The EDR program consists of four steps: (1)

Disputes concerning worker’s compensation, unemployment benefits, health, welfare and retirement benefits,

2 informal attempts to resolve the dispute by the employee and the employee’s supervisor; (2) informal attempts at resolution by the employee and a human resources director; (3) mediation; and (4) arbitration. Plaintiff was provided with an updated version of Fountain View’s EDR book in June 2012. The updated EDR book, like the previous version, explains the four steps of Fountain View’s EDR program. Both the previous and updated versions of the EDR book contain the following advisement…

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