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HATKOFF v. PORTLAND ADVENTIST MEDICAL CENT.

090404600; A143162.

287 P.3d 1113 (2012)

252 Or. App. 210

Stan HATKOFF, Plaintiff-Appellant, v. PORTLAND ADVENTIST MEDICAL CENTER, a domestic non-profit entity, dba Adventist Medical Center, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 12, 2012.

Attorney(s) appearing for the Case

Eric J. Fjelstad , Gresham, argued the cause for appellant. With him on the briefs was Smith & Fjelstad.

Dennis Steinman , Portland, argued the cause for respondent. With him on the brief was Kell, Alterman & Runstein, LLP.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.

HASELTON, C.J.

In this employment age discrimination action, ORS 659A.030, plaintiff appeals from a general judgment of dismissal, ORCP 21 A, that was predicated on plaintiff's 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...

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