I further understand that the program is considered a free benefit to ServiceMaster associates, with the exception of the one-time $50 mediation fee. I also acknowledge that, as a term and condition of my employment with The ServiceMaster Company, I will use the program to address any employment-related concerns and complaints. I acknowledge that I have been given the We Listen booklet and that it describes important information concerning ServiceMaster's internal dispute resolution program. On his first day at Terminix, plaintiff signed a ServiceMaster1 form acknowledging that he was given a copy of a booklet describing ServiceMaster's employee dispute resolution program known as "We Listen." The form provides: On November 11, 2009, plaintiff accepted a job with Terminix. Plaintiff learned of an employment opportunity at Terminix through an online posting found on Craigslist, an Internet bulletin board. Heist terminated plaintiff's employment on July 7, 2009. Plaintiff was supervised by, and reported to, TruGreen manager, defendant Scott Heist. Budhan, who was born and raised in Guyana and is of Asian Indian descent, began employment with TruGreen in March of 2009 as a sales and telemarketing representative. We glean the following facts from the record.
After review of the parties' arguments, in light of the record and applicable law, we affirm the order entered by Judge Heidi Willis Currier, which vacated her prior order and reinstated plaintiff's complaint. Defendants claim the Law Division judge erred in granting reconsideration of her earlier order and in concluding that plaintiff is not obligated to arbitrate his dispute.
The Aporder vacated the earlier order and reinstated plaintiff's complaint. Unger argued the cause for respondent.ĭefendants TruGreen Corporation, TruGreen Limited Partnership, (collectively TruGreen), and Scott Heist appeal from an Aporder of the Law Division, granting plaintiff's motion for reconsideration of an order entered March 19, 2012, which had granted summary judgment to defendants.
Friedman (Littler Mendelson, P.C.) of the Texas bar, admitted pro hac vice, argued the cause for appellants (Littler Mendelson, P.C., attorneys Jedd Mendelson, Michele Malloy, and Jeannine R. On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Docket No. Before Judges Graves, Ashrafi, and Guadagno.