IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH

Transcription

1 IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH 1 1 FYNDI JERMANY, an Oregon resident, v. Plaintiff, SELF ENHANCEMENT INC., an Oregon nonprofit corporation; and TONY HOPSON, SR., an Oregon resident, Defendants. Case No. COMPLAINT (Sexual Harassment, ORS A.00; Hostile Work Environment, ORS A.00; Sex Discrimination, ORS A.00; Unlawful Retaliation, ORS A.00(1)(f) and A.; Aiding and Abetting, ORS A.00(1)(g); Intentional Infliction of Emotional Distress; Negligent Supervision; Failure to Pay Overtime- ORS.0) Prayer for Relief: $,.0 Filing Fee: $0 (ORS.0(1)(c)) NOT SUBJECT TO MANDATORY ARBITRATION Plaintiff Fyndi Jermany ( Plaintiff or Ms. Jermany ) brings this action against Defendants Self Enhancement Incorporated ( SEI ) and Tony Hopson, Sr. (collectively the Defendants ) for both economic and non-economic damages due to Defendants violations of Oregon statutes governing Unlawful Discrimination in Employment and the following tort claims alleged below: 1 - COMPLAINT NW th Ave. Ste 1

2 1 1 I. PARTIES 1. At all material times, Fyndi Jermany is and was a resident of the State of Oregon and the County of Multnomah.. At all material times, Defendant SEI ( Defendant SEI ) is and was an Oregon nonprofit corporation whose principal place of business is located at N. Kerby Avenue Portland, Oregon,.. At all material times, Tony Hopson, Sr. ( Defendant Hopson ) is and was an Oregon resident, and upon information and belief, resides in Multnomah County, Oregon. Defendant Hopson was at all times acting under his authority as the agent for Defendant SEI, and all of the acts or omissions complained of below occurred in the County of Multnomah, making this venue proper. FACTUAL BACKGROUND. Ms. Jermany was employed by Defendants beginning on or about March,, and worked as a High School Coordinator. Defendant SEI s primary business purpose is as a philanthropic non-profit outreach organization that, as its mission, helps children and members of the African-American community within Portland, Oregon. Defendant Hopson is President and CEO of Defendant SEI.. - COMPLAINT NW th Ave. Ste 1

3 1 1 From the outset, Ms. Jermany was never given a job description or clear duties to perform. She began work at Portland Public Schools Jefferson High School ( JHS ) and, although working with at-risk youth, she did not receive adequate training to handle basic case notes or difficult phone calls or emergencies from students and families in distress or who needed support. Despite this lack of training, Ms. Jermany has been a high performing, dedicated SEI employee for the past years. Unlike her male counterpart, she was never given the promised performance reviews. Yet, she received only positive feedback. Parents and students gave her cards and gifts thanking her, PPS staff acknowledged her accessibility and working with all SEI students, not just her own. She received shout-outs at SEI staff meetings for her hard work, and Troy Hollis often acknowledged her as rookie of the year, and made comments that he can count on Ms. Jermany over many of the others. Hollis also told her he would make her the lead. Upon hire, Defendant SEI attempted to classify Ms. Jermany as an exempt employee, with a salary of $,000/year, and was required to work nights, weekends, and overnight events without payment or overtime pay. Ms. Jermany had no management or supervisory duties, she had no say in hiring or firing, she was not permitted to exercise independent judgment, and had no discretionary power. Without any change in duties, in January, Ms. Jermany was reclassified as a non- exempt employee at $/hour. Tony Hopson Jr. told staff that based on a new law, these are the hours we are reporting for you. He also explained that SEI is not paying overtime, so you all need to figure out what to do. Thereafter, Ms. Jermany was required to work over 0 hours, and was not paid overtime. Ms. Jermany was rarely given rest or meal breaks. - COMPLAINT NW th Ave. Ste 1

4 1 1. The praise and recognition that had been showered upon Ms. Jermany began to change after Ms. Jermany reported concerns regarding the workplace to her supervisor Troy Hollis in late. Mr. Hollis told her to "quiet down" and then took no action in response. When she complained of inappropriate sexual conversations with and in front of kids, he did nothing to stop the behavior. When she asked for rules to combat such a hostile workplace, he disregarded her request. When she complained to SEI HR Director Cheri Davis about being on-call for students /, she instructed her to speak with her supervisor. Mr. Hollis then told her that SEI pays part of the phone bill.. In December, after having her complaints dismissed by her supervisor, Ms. Jermany reported complaints to COO Libra Forde stating that she felt uncomfortable and unsafe at SEI. Ms. Forde summarily instructed Ms. Jermany to apply for jobs at other places. When Ms. Jermany talked about participating in the Domestic Violence March, and felt silenced about not speaking out about SEI, Ms. Forde replied "Daunte (an SEI employee) mentioned his son really messed you up." Ms. Jermany also reported to her that she had experienced harassment in the SEI building and that she was sensitive to such conduct as an abused child. Crying, Ms. Jermany expressed that she did not feel safe in the SEI environment or workplace. Ms. Forde took no action.. In February, Ms. Jermany also reported to SEI HR Director Cheri Davis that she did not feel safe in the workplace. SEI again ignored these concerns. - COMPLAINT NW th Ave. Ste 1

5 1 1 In a phone conversation on February th,, Ms. Jermany again tried to report illegal conduct to Ms. Forde. Ms. Jermany expressed many concerns, including concerns that a student was having a sexual relationship with an SEI coordinator. Ms. Forde replied that the employee who reported to the police officer, a former SEI employee, should have gone to someone else. Ms. Forde confided that she had also experienced sexual hostility at SEI, and that she helped get rid of a former SEI employee, who Ms. Forde described as a bad seed and that many others like him had been at SEI too long. When Ms. Jermany tried to share details of her concerns, Ms. Forde instructed Ms. Jermany not to give her details because she did not want to know them, she just wanted a list of names. As Ms. Jermany listed them, Ms. Forde responded with "Oh yeah, I already know about that" or "Yes, I saw his personnel file already. He doesn't know that I read it." Ms. Forde then accused Ms. Jermany of having someone listening in to their phone call while she reported the violations. Ms. Forde told Ms. Jermany, "I don't want my name in any of this. SEI doesn't want the reputation it has created. I appreciate what you are saying, and my loyalty is to my own children at the end of the day.". Ms. Jermany began to suffer from severe emotional distress as a result of the sexually charged and predatory workplace at SEI, requiring her to take protected medical leave on or about February 1,. Moreover, and in response to her complaints to Ms. Forde and Mr. Hollis, SEI retaliated against Ms. Jermany because of such protected activity, including: Denial of Promotion: Ms. Jermany applied for the "Career Development & Internship Manager" position. Three SEI leaders: Libra Forde, Cheri Davis, and Anthony Daloney met with her in what appeared to be a fishing expedition/loyalty test rather than a job interview. Questions included: "What's it mean to be a team member to you?" "We've had people say negative things about SEI. They don't really support SEI. How would you handle that?" Ms. Jermany was denied the position. - COMPLAINT NW th Ave. Ste 1

6 1 1 Ms. Forde created barriers for the Fashion Show that Ms. Jermany was planning. These barriers prohibited its success and it was canceled; Troy Hollis became distant, gave Ms. Jermany strange looks and said "Fyndi, do I still know you?" SEI HR Dept. sent an to all staff falsely stating that Ms. Jermany was seeking coworkers donations of their paid time off; SEI told students and parents to contact Ms. Jermany while she is on medical leave; Libra Forde told Ms. Jermany "it's not cool when you aren't speaking to anyone" while on medical leave, and that she needs to check in "at least once a week" and "You have me nervous when folks come to me saying you haven't been responding."; On March,, Ms. Jermany received a text message from an SEI employee stating that Troy Hollis told staff that Ms. Jermany is not returning to SEI, and her desk was cleared off. This prompted more phone calls/texts from students and staff, further exacerbating her emotional distress.. Ms. Jermany tolerated both sexual harassment and discriminatory behavior while she was an employee of Defendant, and she endured this hostile work environment after she had complained to both Ms. Forde and Mr. Hollis that she was subjected to intolerable work conditions. A single mother, Ms. Jermany was worried with the prospect of losing her job and having no financial income to support her family, and thus tried to continue working in good faith and with the expectation that Defendant SEI would implement remedial measures to address this hostile work environment. The misconduct she experienced and continued to experience after raising her complaints was both severe and pervasive, and included: SEI President Tony Hopson Sr. kissing her on the cheek in front of staff; Tony Hopson Sr. leering at her and looking her body up and down and telling her "you look nice" in a sexually suggestive tone; SEI Supervisor Troy Hollis told another employee in front of Ms. Jermany he was concerned that his latest romance was with an underage girl. He then showed photos of the girl's breasts; - COMPLAINT NW th Ave. Ste 1

7 1 1 Troy Hollis explained her "support" duties as "you want to be the coordinator that if your student lost their virginity, became pregnant or is thinking about having an abortion they tell you. Troy Hollis approving of sexual relationships with other students by telling staff to "wait until she's so it's legal ; Troy Hollis told an SEI coordinator that he hired an attractive new coordinator, Ms. Jermany, who would fit in well at SEI; An SEI employee had an erection during a work meeting, made sexual comments about Ms. Jermany s butt and legs, asked her to come inside his home, told her that he never planned on having sex with his wife forever, rubbed her shoulders and touched her waist without her consent. Libra Forde dismissed these reports when Ms. Jermany mentioned them in February, stating that he no longer works for SEI; An SEI Manager made a video of herself performing sex acts on a much younger man's anus. It was displayed to both staff & students. SEI staff circulated the video. Troy Hollis s response to staff: It was after work so it's ok, and he encouraged staff to support the employee who made the video; Ms. Jermany witnessing daily touching, hugging, horseplay, body to body contact, and wrestling with students, resulting in another SEI coordinator stating, "This is turning me on," in front of staff and students; An SEI HR Manager instructed Ms. Jermany and female staff to flirt with donors at the Soul of the City fundraiser so they would give more money; An SEI Manager told Ms. Jermany that SEI President Tony Hopson Sr. instructed female staff to dress sexy for the Soul of the City fundraiser so donors would give more money. - COMPLAINT. Ms. Jermany also witnessed and was forced to endure a work environment that permitted abusive behavior toward underage students, including: One SEI student H. S., age, reported child abuse by his uncle/ former SEI employee. This student was then called "disrespectful," and shunned from SEI programs; Another student, age, presented poetry for the Talent Show about her own sexual assault experience. SEI did not investigate or report it. She was not permitted to perform in the Talent Show; Another student, age, was in a relationship with SEI HR Director Cheri Davis's adult daughter who worked on-site at JHS; Another student, age, took photos of his exposed genitals and butt. Students and SEI staff circulated the photos; An SEI coordinator reportedly had inappropriate relationships with two students and was being investigated by police for one of them; Student A.P. told Ms. Jermany that her uncle, an SEI HR manager, already knows of her relationship with an SEI summer employee and said "So, you're messing' with older guys now. Be careful." NW th Ave. Ste 1

8 1 1 A.P. expressed concern to Ms. Jermany that allegations she'd had sex with an SEI coordinator may result in people thinking she is into older men; An SEI coordinator threatened female students for reporting sexual misconduct, said "you're lying on my brother", and ordered them to recant; SEI leader comments in response to sexual activity include, "Make sure they're to make it legal" "Careful with those older men!" and "Keep your kids close to you"; SEI leaders and staff pressure touching, hugging, kissing of students and staff; A former SEI employee blasted SEI on social media for allowing staff to have sexual relationships with students, yet SEI failed to respond or remedy such concerns; SEI staff have sexual conversations with, and in front of, underage students; SEI creates a sexually-charged atmosphere that the students learn, resulting in instances where a student touched Ms. Jermany s butt, another student asked if he could pull her bra strap, students call her the bad coordinator, and where it is commonplace to have students claim they are attracted to SEI coordinators; A Former SEI employee (and current JHS vice principal) refers to students as little bitches in front of SEI staff and students. Tony Hopson Sr. calling a female client a hoe in all staff meeting - COMPLAINT 1. SEI, despite having knowledge of all of these events, has done nothing to prevent against workplace harassment or offer a safe workplace for staff and students alike. SEI leaders instruct staff not to go against the community (SEI) and to protect the agency (SEI) and to speak out against negative comments or criticism. SEI has shrugged off concerns about sex with minors and are discouraged from reporting abuse or embarrassing SEI. CLAIMS FOR RELIEF FIRST CLAIM FOR RELIEF (Sexual Harassment, ORS A.00) (Against Defendant SEI) Ms. Jermany realleges and incorporates by reference the paragraphs above. 1.. NW th Ave. Ste 1

9 1 1 Defendant is Ms. Jermany s employer as defined under ORS Ch. A, and Ms. Jermany is an employee as defined under the same. Defendant subjected Ms. Jermany to unwelcome sexual advances and/or other conduct of a sexual nature that was directed to Ms. Jermany because of her sex. Ms. Jermany s submission to those demands and advances was explicitly and implicitly a condition for her ongoing employment. Ms. Jermany s submission to or rejection of such conduct was used as a basis of employment decisions affecting Ms. Jermany, including but not limited to denials of promotions within Defendant SEI. Defendant s violations created discriminatory terms and conditions of employment, and this harassment was a substantial and motivating factor in Defendant s decision to deny promotion to Ms. Jermany.. Defendant s conduct amounted to unlawful sexual harassment prohibited by ORS A.00.. As a direct and proximate cause of Defendant s sexual harassment and violation of ORS A.00, including the denial of her promotion, Ms. Jermany has suffered actual economic damages in the form of lost salary and benefits, back pay, front pay, and additional financial consideration associated in the approximate amount of $0,000.00, or another amount to be proven at trial.. As a direct and proximate cause of Defendant s sexual harassment and violation of ORS A.00, including the denial of promotion, Ms. Jermany has suffered non-economic damages in the form of severe emotional distress, pain, anxiety, nervousness, humiliation, loss of appetite and sleep, physiological and physical injury, including loss of weight and hair, nighttime - COMPLAINT NW th Ave. Ste 1

10 1 1 urination due to stress and anxiety, and other emotional harm and damages associated with the unlawful harassment, discrimination, and loss of gainful employment in the approximate amount of $,000.00, or another amount to be proven at trial. Ms. Jermany reserves the right to amend this Complaint to plead punitive damages against Defendant.. Ms. Jermany is entitled to her attorney fees and costs incurred in the prosecution of this case pursuant to ORS A. and ORS... Pursuant to ORS.0, Ms. Jermany is entitled to post-judgment interest in the amount of % per annum from the date of the judgment until paid. SECOND CLAIM FOR RELIEF (Hostile Work Environment, ORS A.00) (Against Defendant SEI). Ms. Jermany realleges and incorporates by reference the paragraphs above.. Defendant subjected Ms. Jermany to sexual advances, requests for sexual favors, and/or other conduct of a sexual nature that was directed to Ms. Jermany because of her sex. Such verbal and physical conduct was unwelcome, subjectively and objectively offensive, and so severe and pervasive to have the purpose or effect to create a hostile, intimidating, or offensive working environment.. - COMPLAINT NW th Ave. Ste 1

11 1 1 Defendant s conduct amounted to an unlawful hostile work environment prohibited by ORS A.00.. As a direct and proximate cause of Defendant s hostile work environment and violation of ORS A.00, including the denial of promotion, Ms. Jermany has suffered actual economic damages in the form of lost salary and benefits, back pay, front pay, and additional financial consideration associated with the loss of gainful employment in the approximate amount of $0,000.00, or another amount to be proven at trial.. As a direct and proximate cause of Defendant s hostile work environment and violation of ORS A.00, including the denial of promotion, Ms. Jermany has suffered non-economic damages in the form of severe emotional distress, pain, anxiety, nervousness, humiliation, loss of appetite, physiological and physical injury, including loss of weight and hair, nighttime urination due to stress and anxiety and other emotional harm and damages associated with the unlawful harassment, discrimination, and loss of gainful employment in the approximate amount of $,000.00, or another amount to be proven at trial. Ms. Jermany reserves the right to amend this Complaint to plead punitive damages against Defendant.. Ms. Jermany is entitled to her attorney fees and costs incurred in the prosecution of this case pursuant to ORS A. and ORS... Pursuant to ORS.0, Ms. Jermany is entitled to post-judgment interest in the amount of % per annum from the date of the judgment until paid. - COMPLAINT NW th Ave. Ste 1

12 1 1 THIRD CLAIM FOR RELIEF (Sex Discrimination, ORS A.00) (Against Defendant SEI). Ms. Jermany realleges and incorporates by reference the paragraphs above.. Defendant discriminated against Ms. Jermany in the terms and conditions of her employment, including but not limited to her compensation and termination, because of her sex in violation of ORS A.00.. As a direct and proximate cause of Defendant s discrimination and violation of ORS A.00, including the termination of her employment, Ms. Jermany has suffered actual economic damages in the form of lost salary and benefits, back pay, front pay, and additional financial consideration associated with the loss of gainful employment in the approximate amount of $0,000.00, or another amount to be proven at trial. 0. As a direct and proximate cause of Defendant s discrimination and violation of ORS A.00, including the termination of her employment, Ms. Jermany has suffered noneconomic damages in the form of severe emotional distress, pain, anxiety, nervousness, humiliation, loss of appetite, physiological and physical injury, including loss of weight and hair, nighttime urination due to stress and anxiety, and other emotional harm and damages associated with the unlawful harassment, discrimination, and loss of gainful employment in the approximate 1 - COMPLAINT NW th Ave. Ste 1

13 1 1 amount of $,000.00, or another amount to be proven at trial. Ms. Jermany reserves the right to amend this Complaint to plead punitive damages against Defendant. 1. Ms. Jermany is entitled to her attorney fees and costs incurred in the prosecution of this case pursuant to ORS A. and ORS... Pursuant to ORS.0, Ms. Jermany is entitled to post-judgment interest in the amount of % per annum from the date of the judgment until paid. FOURTH CLAIM FOR RELIEF (Retaliation, ORS A.00(1)(f); ORS A.) (Against Defendant SEI). Ms. Jermany realleges and incorporates by reference the paragraphs above.. Ms. Jermany opposed Defendant s unlawful activities, including but not limited to subjecting Ms. Jermany to sexual harassment, a hostile work environment, and sexual discrimination.. Defendant s denied Ms. Jermany s promotion, and harassed her which was motivated by Ms. Jermany s opposition to Defendants unlawful activities.. Defendants adverse employment actions amount to unlawful retaliation prohibited by ORS A.00 and A COMPLAINT NW th Ave. Ste 1

14 1 1. As a direct and proximate cause of Defendants retaliation, Ms. Jermany has suffered actual economic damages in the form of lost salary and benefits, back pay, front pay, and additional financial consideration associated with the constructive loss of gainful employment in the approximate amount of $0,000.00, or another amount to be proven at trial.. As a direct and proximate cause of Defendants retaliation, Ms. Jermany has suffered non-economic damages in the form of severe emotional distress, pain, anxiety, nervousness, humiliation, loss of appetite, physiological and physical injury, including loss of weight and hair, nighttime urination due to stress and anxiety and other emotional harm and damages associated with the unlawful harassment, discrimination, and loss of gainful employment in the approximate amount of $,000.00, or another amount to be proven at trial. Ms. Jermany reserves the right to amend this Complaint to plead punitive damages against Defendant.. Ms. Jermany is entitled to her attorney fees and costs incurred in the prosecution of this case pursuant to ORS A. and ORS.. 0. Pursuant to ORS.0, Ms. Jermany is entitled to post-judgment interest in the amount of % per annum from the date of the judgment until paid. FIFTH CLAIM FOR RELIEF (Aiding and Abetting, ORS A.00(1)(g)) (Against Defendant Tony Hopson) - COMPLAINT NW th Ave. Ste 1

15 Ms. Jermany realleges and incorporates by reference the paragraphs above.. Defendant Tony Hopson is an individual with the highest and exclusive management authority of Defendant SEI. Defendant Hopson, by and through his unwelcome sexual advances, his promoting and approval of a sexually hostile work environment, and overtures to engage in sexual conduct, aided, abetted, incited, and/or compelled sexual harassment and a hostile work environment in violation of ORS A.00.. As a direct and proximate cause of Defendant Hopson s violation of ORS A.00, including the denial of promotion, Ms. Jermany has suffered actual economic damages in the form of lost salary and benefits, back pay, front pay, and additional financial consideration associated with the constructive loss of gainful employment in the approximate amount of $0,000.00, or another amount to be proven at trial.. As a direct and proximate cause of Defendant Hopson s violation of ORS A.00, including the denial of promotion, Ms. Jermany has suffered non-economic damages in the form of severe emotional distress, pain, anxiety, nervousness, humiliation, loss of appetite, physiological and physical injury, including loss of weight and hair, nighttime urination due to stress and anxiety and other emotional harm and damages associated with the unlawful harassment, discrimination, and loss of gainful employment in the approximate amount of $,000.00, or another amount to be proven at trial.. - COMPLAINT NW th Ave. Ste 1

16 1 1 Ms. Jermany is entitled to her attorney fees and costs incurred in the prosecution of this case pursuant to ORS A. and ORS... Pursuant to ORS.0, Ms. Jermany is entitled to post-judgment interest in the amount of % per annum from the date of the judgment until paid. SIXTH CLAIM FOR RELIEF (Intentional Infliction of Emotional Distress) (Against All Defendants). Ms. Jermany realleges and incorporates by reference the paragraphs above.. Defendants intended to inflict Ms. Jermany with severe emotional distress, or knew that such distress was certain or reasonably certain, by subjecting Ms. Jermany to, among other things, sexually harassing conduct, a hostile work environment, unwelcome sexual advances, retaliation, and conditioning terms and conditions of employment on submission to sexual advances.. Defendants actions constituted an extraordinary transgression of the bounds of socially tolerable conduct. 0. Defendants actions caused Ms. Jermany severe emotional distress, including but not limited to anxiety, nervousness, humiliation, loss of appetite, physiological and physical injury, - COMPLAINT NW th Ave. Ste 1

17 1 1 including loss of weight and hair, nighttime urination due to stress and anxiety and other emotional harm and damages. 1. As a direct and proximate cause of Defendants intentional infliction of emotional distress, Ms. Jermany has suffered actual economic damages in the form of lost salary and benefits, back pay, front pay, and additional financial consideration associated with the constructive loss of gainful employment in the approximate amount of $0,000.00, or another amount to be proven at trial.. As a direct and proximate cause of Defendants intentional infliction of emotional distress, Ms. Jermany has suffered non-economic damages in the form of severe emotional distress, pain, anxiety, nervousness, humiliation, loss of appetite, physiological and physical injury, including loss of weight and hair, nighttime urination due to stress and anxiety and other emotional harm and damages associated with the unlawful harassment, discrimination, and loss of gainful employment in the approximate amount of $,000.00, or another amount to be proven at trial.. Pursuant to ORS.0, Ms. Jermany is entitled to post-judgment interest in the amount of % per annum from the date of the judgment until paid. SEVENTH CLAIM FOR RELIEF (Negligent Supervision) (Against Defendant SEI). - COMPLAINT NW th Ave. Ste 1

18 1 1 Ms. Jermany realleges and incorporates by reference the paragraphs above.. Defendant SEI was responsible for supervising Defendant Hopson. Defendant SEI knew or should have known that Defendant Hopson had a history of sexual harassment, discrimination, and promoting sex abuse. It was reasonably foreseeable to Defendant SEI that placing Defendant Hopson in a supervisory capacity over Ms. Jermany would pose an unreasonable risk of harm to Ms. Jermany.. Defendant SEI was negligent in one or more of the following particulars: Failing to train Defendant Hopson when it knew or should have known that Defendant Hopson would take sexual advantage of Ms. Jermany; Failing or refusing to supervise Defendant Hopson to prevent him taking sexual advantage of Ms. Jermany; Failing to take effective steps to rid the work environment from sexual harassment and discrimination when Defendant SEI knew or should have known that Defendant Hopson would take sexual advantage of Ms. Jermany, thereby causing her harm.. Defendant SEI s actions caused Ms. Jermany severe emotional distress, including but not limited to anxiety, nervousness, humiliation, loss of appetite, physiological and physical injury, including loss of weight and hair, nighttime urination due to stress and anxiety and other emotional harm and damages.. - COMPLAINT NW th Ave. Ste 1

19 1 1 As a direct and proximate cause of Defendant SEI s negligent supervision, Ms. Jermany has suffered non-economic damages in the form of severe emotional distress, pain, anxiety, nervousness, humiliation, loss of appetite, physiological and physical injury, including loss of weight and hair, nighttime urination due to stress and anxiety and other emotional harm and damages associated with the unlawful harassment, discrimination, and loss of gainful employment in the approximate amount of $,000.00, or another amount to be proven at trial.. Pursuant to ORS.0, Ms. Jermany is entitled to post-judgment interest in the amount of % per annum from the date of the judgment until paid. EIGHTH CLAIM FOR RELIEF (Failure to Pay Overtime- ORS.0;.1) (Against Defendant SEI) 0. Ms. Jermany realleges and incorporates by reference the paragraphs above. 1. At the outset of Ms. Jermany s employment in March of, she has worked as a Coordinator, but was improperly classified as an exempt employee and was paid a salary of $,000/year, and was not paid for any hours worked over 0. In January, she was reclassified as a non-exempt hourly employee, earning $/hour. Despite being required to work in excess of 0 hours per week, Defendant SEI failed to pay Ms. Jermany overtime pay at any time. In alone, Ms. Jermany worked approximately hours of overtime that were unpaid. In, Ms. Jermany worked hours of overtime that were unpaid. In, Ms. - COMPLAINT NW th Ave. Ste 1

20 1 1 Jermany worked approximately 1 hours of overtime that were unpaid. Defendant SEI has not only failed to pay the overtime rate for the hours worked in excess of 0 per week, but it has failed to pay her for the actual hours worked in excess of 0 per week, in the total amount of $.0.. Ms. Jermany has notified Defendant SEI of its obligation and failure to pay her overtime wages in the total amounts above. Ms. Jermany is entitled to penalty wages in the total amount of $00.00 pursuant to ORS.0.. Ms. Jermany is entitled to her attorney fees and costs incurred in the prosecution of this case pursuant to ORS.0 and ORS.. Additionally, pursuant to ORS.0, Ms. Jermany is entitled to post-judgment interest in the amount of % per annum from the date of the judgment until paid. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Defendant as follows: 1. That Judgment be entered against Defendant SEI and in favor of Plaintiff on her First through Fourth and Sixth through Eighth Claims for Relief in the amount of $,.0.. That Judgment be entered against Defendant Hopson and in favor of Plaintiff on her Fifth and Sixth Claims for Relief in the amount of $, COMPLAINT NW th Ave. Ste 1

21 . That Plaintiff recover her costs and disbursements, including her reasonable attorney fees, prejudgment and post-judgment interest, all bearing interest at % from the date of judgment until paid;. That Plaintiff recover prevailing party fees pursuant to ORS.0;. That this Court grant Plaintiff any other relief that it deems fair and proper. 1 1 DATED this th day of October,. - COMPLAINT JJH LAW, P.C. /s/ Joseph J. Haddad Joseph J. Haddad, OSB#00 1 NW th Ave. Ste 1 joseph@jjh-law.com T: (0) - Of Attorney for Plaintiff Sordyl Law, LLC /s/ Kimberly Sordyl Kimberly Sordyl, OSB#0 Of Attorney for Plaintiff NW th Ave. Ste 1