Brookdale senior living employee handbook

While the defect is cured in the Acknowledgement Form by the use of language explicitly stating that the employee В“agree to arbitrate the dispute by a final binding arbitration,В” the inclusion of language on that same form reiterating that the В“Handbook does not create a contract of employment, express or implied, between Brookdale and meВ” seems to work at cross purposes.Дespite all of the foregoing, the Court concluded that the public policy favoring arbitration was so strong that it overcame all of those defects. A reasonable employee reading this broad and unequivocal language might well be puzzled, then, to learn that her employer in fact specifically intended one particular policy in that Handbook to have binding effect on their employment relationship. any other type of contract, nor are they to be construed as contractual obligations of any kind.В”. That is, the Handbook explicitly states that В“the policies and procedures set forth in this Handbook,В” of which the Arbitration policy is necessarily a part, В“are not intended to create. In reaching this determination, the Court is sympathetic to PlaintiffВ’s concerns that, essentially, Defendant appears to have been talking out of both sides of its proverbial mouth when it provided Plaintiff with the Handbook and Acknowledgment form. The Court acknowledged that the handbook was ambiguous and confusing: The Court enforced the arbitration policy even though the very handbook that discussed the policy disclaimed that anything in the handbook could be construed as a contract. The Court acknowledged that State law determines whether there is a valid binding contract, but also repeatedly cited the Federal Arbitration Act and New JerseyВ’s public policy favoring arbitration. I understand that Brookdale has an Employment Binding Arbitration policy in place should any disputes arise between Brookdale and me, and that I agree to arbitrate the dispute by a final binding arbitration.

I understand this Handbook does not create a contract of employment, express or implied, between Brookdale and me and I should not view it as such, or as a guarantee of employment for any specific duration. On the same date, she signed an в€єssociate Handbook Receipt and AcknowledgmentВ” form which stated: The policies and procedures set forth in this Handbook are not intended to create an employment contract or any other type of contract, nor are they to be construed as contractual obligations of any kind or an offer to form a contract.

It is not a contract of employment, expressed or implied, or a promise of employment upon specific terms.В” Further, under the heading of employment, the handbook stated: The introduction to the Handbook expressly stated that it is В“only intended to be a source of information and a general statement of Brookdale policies and procedures. Brooks began her employment in 2007, she received an Associate Handbook. The matter was filed in 2012 in State Court and removed to Federal Court for diversity jurisdiction (there was no individual defendant named). She alleged that the Defendant refused to accommodate her injuries, and that the employer terminated her because of her disability. In April 2010, she suffered work-related injuries. The New Jersey District Court has ruled that an arbitration policy contained in an employee handbook is enforceable, even though the handbook contains an express disclaimer that nothing in the handbook is В“intended to create an employment contract or any other type of contract.В”Д¬ary Brooks was a medication dispensation technician. Brookdale Senior Living Communities, Inc., U.S. Alan SchorrВ’s Employment Case of The Week ending January 4, 2013Д«rooks v.

Brookdale senior living employee handbook