Woman sues former employer for failing to participate in mediation process

Kelly Holleran Dec. 15, 2009, 9:46am

A woman claims Assisted Living Concepts refused to mediate or arbitrate a case she filed against it for wrongful termination.

Phyllis Hancock filed a lawsuit Dec. 10 in Jefferson County District Court against Assisted Living Concepts.

Hancock claims she slipped on a mat while working at Assisted Living Concepts on April 18, 2005, causing injuries to her right knee.

"The injury temporarily impaired Plaintiff's ability to stand for long periods of time," the suit states. "Plaintiff's inability to stand for long periods of time interfered with her ability to perform her work duties. While in the process of getting treatment for her injury, Plaintiff was terminated from her employment."

Since her termination, Hancock claims she has repeatedly attempted to engage Assisted Living Concepts in its own dispute resolution process. However, Assisted Living Concepts has refused to comply with its own obligation to mediate and, if necessary, arbitrate Hancock's case, the suit states.

Hancock alleges breach of contract and promissory estoppels against Assisted Living Concepts.

Hancock wants the court to enter a judgment requiring Assisted Living Concepts to submit to arbitration and to award her damages consisting of attorney's fees, costs and other relief to which she may be entitled.

Barrett P. Lindsay of the Lindsay Law Firm in Beaumont will be representing her.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Jefferson County District Court case number: B185-468.

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