Hatkoff v. Portland Adventist Medical Center

In this employment age discrimination action, ORS 659A.030, plaintiff appeals from a general judgment of dismissal, ORCP 21 A, that was predicated on plaintiffs failure to follow the alternative dispute resolution procedure prescribed in his employee handbook. Plaintiff contends that the prescribed grievance and arbitration procedure is unenforceable for three reasons: (1) the procedure in the employee handbook was “not presented explicitly enough to constitute a knowing and voluntary waiver of statutory rights”; (2) defendant waived its right to assert plaintiffs failure to utilize the…