Woman sues Genie for firing
EPHRATA - A woman is suing Genie Industries for wrongful
termination under a 2008 law designed to protect domestic violence
victims.
The woman, identified as Jane Doe in court documents, is
accusing the company in a Grant County Superior Court civil lawsuit
of firing her for going to New Hope Domestic Violence and Sexual
Assault Services to develop a safety plan, according to court
records.
EPHRATA - A woman is suing Genie Industries for wrongful termination under a 2008 law designed to protect domestic violence victims.
The woman, identified as Jane Doe in court documents, is accusing the company in a Grant County Superior Court civil lawsuit of firing her for going to New Hope Domestic Violence and Sexual Assault Services to develop a safety plan, according to court records. She is also accusing the company of violating confidentiality and invading her privacy by sharing confidential information with other employees.
The state's Domestic Violence Leave Act, passed in April 2008, protects employees taking "reasonable leave from work, intermittent leave, or leave on a reduced leave schedule, with or without pay" to ?"[participate] in safety planning and other actions ... including temporary or permanent relocation and ... any other activity necessitated by domestic violence, sexual assault, or stalking."
Eric Gutierrez, with Columbia Legal Services, said Doe is the first person to file a lawsuit under the law.
"Our client's main focus is that this doesn't happen to anyone else," he said.
Doe, who filed the lawsuit under a pseudonym, reportedly fled Yakima for Moses Lake after her ex-husband broke into her home, punching her and breaking her nose when she tried to call police in 2003. This followed an alleged series of attacks and a domestic violence no-contact order.
After working for Genie for two years, she was in the Walmart parking lot in late August 2008 and spotted her ex-husband sitting in a van in the parking lot, according to the complaint. Afraid of what would happen, she returned home and saw the van drive by her house. She reportedly called police, and was told they couldn't prevent the man from driving on the street.
She stayed home the next day, initially telling her employer her daughter was sick because she didn't want anyone to know about the situation with her ex-husband, according to the complaint. She reportedly met with her supervisor, Kevin Walker, when she returned to work.
"At the meeting, (Doe) explained to Mr. Walker she had been absent from work not because her daughter was sick, but because her ex-husband was stalking her and she feared for her safety and that of her children," according to the complaint. "Plaintiff provided Mr. Walker with a packet of documents regarding her history with her ex-husband, including the domestic violence no contact order and information from victims' advocates."
After the meeting, she claims she met with Human Resources Director Melissa Pryer, telling her the same information. When Doe offered to give Pryer the documentation, the director refused, according to the complaint. Within a week, the company issued Doe a warning about her absences.
The next few days, she reportedly spotted her ex-husband's van in the area of her house. She contacted New Hope to develop a safety plan. When she presented more documents and explained the violent history to Walker, he allegedly told her they couldn't help because "none of the documents were current," according to the complaint.
Doe claimed she spotted her ex-husband in the neighborhood again, and said she was afraid he would contact the children at the bus stop. She reportedly drove her children to school, according to the complaint. She claims the trip made her an hour late for her shift, and the company allegedly docked her for a full day of pay for being absent and issued a final warning.
She claims she saw her husband in his van near her home again on Sept. 21, and contacted work, telling them she was going to take her children to school for safety reasons, according to the complaint. After taking her children to school she went to New Hope to discuss a safety plan.
During the discussion she, "shared her fear that she would be fired from work for her absences. New Hope gave her a letter to provide to Genie explaining her rights under the Domestic Violence Leave Act," according to the complaint.
Doe reportedly contacted the human resources director later in the day. After explaining the circumstances, Pryer allegedly told her it looked like she would be fired since she already received her final warning.
When she went into work the next day, Doe allegedly provided the letter from New Hope to Pryer, who told her she was being fired.
When she ran into a former co-worker a few days later, Doe claims she learned her situation was "being talked about all over Genie."
"(Doe) felt humiliated and betrayed by her employer because she knew that only Mr. Walker, Ms. Pryer and others in human resources should have known about her situation," according to the complaint.
A Genie spokeswoman said the company had no comment, citing respect for the employees involved.
Doe's attorney's are asking the court to declare that Genie violated the state act and award her economic and non-economic damages and attorney fees.