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Sunday, May 17, 2026

Ohio nursing home loses arbitration right after seven-month delay - hcamag.com

A buried onboarding clause was supposed to save the company. The delay killed it instead

An Ohio appeals court just stripped an employer of its arbitration right – because the company waited too long to use it.

The Ohio Court of Appeals, Eighth Appellate District, affirmed a trial court ruling on May 14, 2026, finding that King David Post Acute Nursing & Rehabilitation waived its right to push a former employee's discrimination case into arbitration. The reason was straightforward. The company spent seven and a half months behaving like an ordinary defendant before moving to enforce its arbitration agreement.

The case was brought by Ilona Yormick, who was terminated on July 2, 2024. She moved quickly. On July 29, 2024, she notified the company that she had retained counsel and intended to take legal action. On August 9, 2024, she filed a charge of discrimination with the Ohio Civil Rights Commission.

On December 3, 2024, she sued, alleging age discrimination and retaliation.

King David and two individual defendants answered the complaint on February 13, 2025. A co-defendant, Outcome Healthcare LLC, filed a motion to dismiss for lack of personal jurisdiction. Attached to that motion, on March 13, 2025, was an affidavit from King David's nursing home administrator, H. Jason Black. The exhibits included Yormick's onboarding documents and the arbitration agreement itself.

From that point, King David had the agreement in hand. But the litigation rolled on. Between March and...



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