A former Henry Mayo Newhall Memorial Hospital employee who alleges she was discriminated against and harassed by supervisors because she was in her 60s, then wrongfully fired in 2021 when she complained, will have to take her case to an arbitrator rather than a jury, a judge ruled Wednesday.
Los Angeles Superior Court Judge Serena Murillo granted a motion by hospital lawyers to compel binding arbitration of plaintiff Linda Carole Bakke’s causes of action. The judge placed the lawsuit on hold and scheduled a post-arbitration status conference for Dec. 22.
Bakke, a former patient access service representative, claims hospital management used an alleged accounting error she made as an excuse to fire her. Her lawsuit filed Jan. 17 alleges wrongful termination, age discrimination, hostile work environment, whistleblower retaliation, failure to prevent discrimination, harassment or retaliation, breach of oral and implied contract, negligent hiring, supervision and retention.
Hospital attorneys argued in their court papers that the 68-year-old Bakke’s claims are subject to the arbitration provision contained in the collective bargaining agreement between the hospital and the United Electrical & Machine Workers of America. Bakke was a union member and paid union dues, defense attorneys further maintained in their court papers.
“Plaintiff does not deny that a CBA exists mandating arbitration between the parties,” the judge wrote. “Nor does plaintiff produce evidence to show that she was not an employee covered by the CBA such that the arbitration provision is inapplicable to her. Plaintiff also does not allege that the CBA is unclear and … waives plaintiff’s right to pursue her claims in court.”
Bakke, hired in August 2003, says that in January 2020 a supervisor began commenting that the plaintiff was “too slow,” leaving Bakke frustrated because her work speed was never before an issue. The same supervisor later said Bakke should consider retiring, according to the suit.
While collecting a patient’s cash payment in January 2021, Bakke misunderstood the amount he had paid and wrote down the wrong amount, the suit states. Bakke reported the mistake to a manager who at first told her not to worry, but she was placed on unpaid suspension and subsequently fired, the suit states.