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Butler v. The Vons Companies

Butler v. The Vons Companies
06:26:2006

SHELDON BUTLER v. VONS COMPANIES



Filed 6/22/06









CERTIFIED FOR PUBLICATION







IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA





SECOND APPELLATE DISTRICT





DIVISION EIGHT










SHELDON BUTLER,


Plaintiff and Appellant,


v.


THE VONS COMPANIES, INC.,


Defendant and Respondent.



B179815


(Los Angeles County


Super. Ct. No. BC292643)



APPEAL from a judgment of the Superior Court of Los Angeles County. Gregory W. Alarcon, Judge. Reversed.


The deRubertis Law Firm, David M. deRubertis, David A. Lesser; Pine & Pine, Norman Pine, and Beverly Tillett Pine for Plaintiff and Appellant.


Bononi Law Group and Michael J. Bononi for Defendant and Respondent.


______________________________


Appellant Sheldon Butler, a stock clerk for respondent The Vons Companies, Inc., entered into a â€





Description Where labor union's grievance against employer on behalf of employee relating to specific altercation with manager concluded with release agreement stating that employee was waiving all rights to then-unknown claims; employee prior to signing release had made discrimination allegations to employer pertaining to a different incident; negotiation of release had only included discussion of altercation matter with manager and not possible discrimination claims; and principal parties to release were union and employer, with employee referred to merely as "grievant," intended scope of waiver was ambiguous, and question of fact existed as to whether it effectively waived employee's right to sue employer for discrimination.
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