Numerous Claims Allowed Against Former Employer, Harassment Not One of Them
by
Joseph C. Maya on Apr. 07, 2017
Accident & Injury Personal Injury Employment Wrongful Termination Employment Sexual Harassment
Summary: Article about an employment case where the employer was accused of wrongful termination, sexual harassment, and several types of personal injury.
Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 orJMaya@Mayalaw.com
In the case of Garces v. R&K Spero Co., LLC, a former employee sued defendant employer for intentional infliction of emotional distress, negligent infliction of emotional distress, wrongful discharge, breach of implied covenant of good faith, unjust enrichment, sexual harassment, religious discrimination and invasion of privacy. The employer moved to strike several of those counts for failure to state a cause of action.
A store supervisor and manager spoke "badly" about the employee to other employees, mocked her because she lacked fluency in English and denied her use of the bathroom on several occasions, on one occasion when the employee explained that she was undergoing her menstrual cycle. Shortly after that incident, the employee was removed from the work schedule. She initially did not receive any explanation. She was subsequently informed that she was terminated because her religious obligations were in conflict with the employer's needs. The court held that requiring the employee to beg for a bathroom key to the point where she bled through her clothing could lead an average member of the community to exclaim, "Outrageous." Making her wait over 48 hours before telling her that she was fired" was sufficiently wrongful and therefore, satisfied the pleading requirements for negligent infliction of emotional distress. The Connecticut Fair Employment Act made clear, without allegations of any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature, the employer could not have committed sexual harassment, as a matter of law.
The employers motion to strike was denied as to the counts for intentional infliction of emotional distress, negligent infliction of emotional distress, and invasion of privacy. It was accepted as to the count asserting sexual harassment.
If you feel you would like to explore your employment law options, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
Source: Poa v. Stamford Hosp., 2010 Conn. Super. LEXIS 1649 (Conn. Super. Ct. May 10, 2010)
