IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON NADEL IONA BARRETT, I. INTRODUCTION

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1 Case :-cv-00-smj ECF No. filed /0/ PageID. Page of 0 THOMAS G. JARRARD Law Office of Thomas G. Jarrard, PLLC 0 N. Washington Street Spokane, WA Telephone:..0 MATTHEW Z. CROTTY Crotty & Son Law Firm, PLLC 0 West Riverside, Suite 0 Spokane, WA -000 Telephone: Facsimile: 0.0. Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON NADEL IONA BARRETT, v. Plaintiff, Parents Defense Counsel, a Washington Corporation; Laura Gentry Hughes, Doug Hughes and Emily Nelson, individually, Defendants. NO. -cv- COMPLAINT AND DEMAND FOR TRIAL BY JURY EXEMPT FROM FILING FEES UNDER U.S.C. (h)() I. INTRODUCTION. This civil action is brought pursuant to the Uniformed Services Employment and Reemployment Rights Act of, U.S.C. 0 - (USERRA) and is exempt from filing fees under U.S.C. (h)(). COMPLAINT AND DEMAND FOR JURY TRIAL-

2 Case :-cv-00-smj ECF No. filed /0/ PageID. Page of 0. Plaintiff, Nadel Iona Barrett (hereinafter Ms. Barrett or Plaintiff ), by the undersigned attorneys, avers as stated herein. II. PARTIES AND JURISDICTION. Ms. Barrett resided in the State of Washington and was an employee of Defendant, Parents Defense Counsel at all times pertinent hereto.. Ms. Barrett is a.-year Navy veteran with honorable service to the United States.. At all times relevant to this lawsuit Ms. Barrett was a licensed attorney in the State of Washington.. At all times relevant to this lawsuit Ms. Barrett was an accession candidate in the U.S. Army JAG Corps Reserve Component.. Defendant, Parents Defense Counsel, is a Washington corporation that is licensed to conduct business in the State of Washington.. Parents Defense Counsel maintains a place of business in Spokane, Washington located at 0 W. Riverside, Suite 0, Spokane, WA.. Defendant, Douglas Hughes is a Governing Person (as defined in RCW..0 ()) for Parents Defense Counsel, had control of the COMPLAINT AND DEMAND FOR JURY TRIAL-

3 Case :-cv-00-smj ECF No. filed /0/ PageID. Page of 0 employment opportunities of Ms. Barrett, and, upon information and belief, was a primary decision maker regarding Defendants violation of Mr. Barrett s civil rights, and for the purposes of U.S.C. 0() is an employer. 0. Defendant, Laura Gentry Hughes, is a supervisor and a Governing Person (as defined in RCW..0 ()) for Parents Defense Counsel.. Defendant, Emily Nelson, is a supervisor and a Governing Person (as defined in RCW..0 ()) for Parents Defense Counsel.. For the purposes of U.S.C. 0() and (c)() Defendant, Parents Defense Counsel Inc., is a private employer operating within the State of Washington.. Each of the above individual Defendants exercised control over the employment benefits and opportunities of Ms. Barrett, was a primary decision maker regarding Defendants violation of Ms. Barrett's rights, and for the purposes of U.S.C. 0() is a private employer.. All acts complained of occurred within the Eastern District of Washington.. The Federal Court for the Eastern District of Washington has personal jurisdiction over the parties and subject matter jurisdiction for the COMPLAINT AND DEMAND FOR JURY TRIAL-

4 Case :-cv-00-smj ECF No. filed /0/ PageID. Page of 0 claims in this complaint pursuant to U.S.C. (b), U.S.C., U.S.C. (a).. Venue is proper in the Eastern District of Washington under U.S.C. (c) and U.S.C. (b) because the acts and omissions complained herein occurred in the District and Defendants conduct business there. III. INTRADISTRICT ASSIGNMENT. This action arose in Spokane County, Washington; therefore, pursuant to local rules it should be assigned to the Spokane Division of the Eastern District of Washington. IV. FACTS. Ms. Barrett began working as an attorney for Defendants at Parents Defense Counsel on July,.. Ms. Barrett was an associate attorney in the firm assigned to certain cases to defend parents in dependency cases.. Ms. Barrett was paid a salary of $, a year, and other valuable benefits of employment.. On October 0,, Ms. Barrett was informed by the U.S. Army that her accession into the U.S. Army JAG Corps Reserve COMPLAINT AND DEMAND FOR JURY TRIAL-

5 Case :-cv-00-smj ECF No. filed /0/ PageID. Page of 0 Component was imminent, and that she would likely be called to active duty in January.. On November, at about :00 PM, Ms. Barrett told Ms. Hughes and Ms. Nelson about her military obligations and that she would likely be leaving for duty in early January, and not return to work with defendants until the middle of May.. On November, at about : PM, Ms. Barrett was approached by Ms. Hughes, who stated to Ms. Barrett words to the effect of, it s my understanding that we do not have to keep your positon open because we are a small business and we don t think we can absorb it, but we are going to look at it tonight.. Mr. Barrett responded to Ms. Hughes statement, and explained to Ms. Hughes that it was Ms. Barrett s understanding that under the law she was afforded the broadest possible protections for her employment. To which Ms. Hughes responded in words to the effect of, OK, we ll look at [the law] it and consider it tonight.. On November,, at about : PM, while Ms. Barrett was leaving her office to attend a court hearing at :00 PM, Laura Hughes entered Ms. Barrett s office door and asked, Hey lady, got a minute? COMPLAINT AND DEMAND FOR JURY TRIAL-

6 Case :-cv-00-smj ECF No. filed /0/ PageID. Page of 0. At about the same moment, Ms. Barrett explained that she was departing for a court hearing at :00 PM.. Ms. Hughes told Ms. Barrett, oh, I know, Emily [Nelson] is covering it.. At about the same moment, Doug Hughes walked into Ms. Barrett s office.. Both Mr. and Mrs. Hughes sat down facing Ms. Barrett at her desk. 0. Ms. Hughes told Ms. Barrett, so, we thought about it and we decided to take you up on your offer and placed a signed termination letter and a signed separation agreement for resignation in lieu of termination document in front of Ms. Barrett.. Ms. Barrett was shocked and confused, not only because she was being fired, but also because she had no idea what the heck Ms. Hughes was talking about when she said, to take you up on your offer.. Ms. Barrett told Mr. and Mrs. Hughes that she was under extreme stress by this news. And, that Ms. Barrett wanted to call somebody.. Ms. Hughes told Ms. Barrett, that she needed Ms. Barrett s keys and work phone, and said that you can t be left alone. COMPLAINT AND DEMAND FOR JURY TRIAL-

7 Case :-cv-00-smj ECF No. filed /0/ PageID. Page of 0. Ms. Barrett gave Ms. Hughes her work keys, building entry card, and work cell phone.. Ms. Hughes proceeded to tell Ms. Barrett that that they would not leave her alone, and we ll help you pack.. Both, Mr. and Mrs. Hughes, then began demanding that Ms. Barrett sign one of the two documents that they had placed in front of her.. Ms. Barrett asked, repeatedly, to know what was the cause for this action?. To which the Hughes replied that, it s at-will employment we have no duty to tell you, or explain anything.. Then, both, Mr. and Mrs. Hughes, again demanded that Ms. Barrett sign one of the two documents that they had placed in front of her. 0. Ms. Barrett asked if she could take an evening to think about the situation.. To which, both Mr. and Mrs. Hughes said, no, you need to sign one of the documents now.. Ms. Barrett called an attorney, in the presence of Mr. and Mrs. Hughes.. Ms. Barrett ended her short call with the attorney and began to pack her personal belongings. COMPLAINT AND DEMAND FOR JURY TRIAL-

8 Case :-cv-00-smj ECF No. filed /0/ PageID. Page of 0. Mr. Hughes left Ms. Barrett s office, and Mrs. Hughes remained.. Ms. Barrett made three trips to place her personal belongings in her car, and left without incident. However, each time Ms. Barrett entered the office to retrieve her belongings; she was approached by Mrs. Hughes who demanded that Ms. Barrett sign one of the two documents.. Ms. Barrett suffered economic injury, as well as other harms and losses as a result of Defendants failure to follow USERRA and Washington law.. Defendants actions are the direct and proximate cause of Ms. Barrett s damages.. As a result of Defendants unlawful conduct in violation of USERRA and Washington law, Ms. Barrett has suffered a loss of earnings and other benefits of employment in an amount to be proved at trial.. As a result of Defendants unlawful conduct and the necessity of this action to seek a remedy, Ms. Barrett fears further retaliation against her employment rights by Defendants or its managers, directors or employees. As such, any employment relationship that Ms. Barrett may have enjoyed with Defendants prior to the filing of this action is irreparably damaged through no fault of Ms. Barrett. COMPLAINT AND DEMAND FOR JURY TRIAL-

9 Case :-cv-00-smj ECF No. filed /0/ PageID. Page of 0 0. Upon information and belief, Defendants are a party to contracts with the State of Washington which prohibit Defendants from discrimination against veterans and military service members and further evidence of its knowing and reckless disregard for the protections afforded a service member under USERRA.. At all times relevant hereto, Defendants had a duty to conduct themselves in compliance with the law, including USERRA and ensure its managers and agents followed the Act.. The above-referenced actions by Defendants, and their agents, breached those duties.. Defendants actions are the direct and proximate cause of Ms. Barrett s damages.. To the extent that Defendants allege application of any agreement that constitutes any limitation on Plaintiff s rights under USERRA, it is illegal, null and void, inapplicable and of no force or effect pursuant to U.S.C. 0.. Upon information and belief, Defendants maintained workplace posters that set out employer responsibilities under USERRA as required by U.S.C.. COMPLAINT AND DEMAND FOR JURY TRIAL-

10 Case :-cv-00-smj ECF No. filed /0/ PageID.0 Page 0 of 0 V. CAUSES OF ACTION (CAUSE OF ACTION NO. VIOLATION OF U.S.C. (a) - DISCRIMINATION). Under U.S.C. (a) an employee shall not be denied retention in employment by an employer on the basis of a duty to perform a military obligation.. Ms. Barrett s requirement that she enter active duty for JAG training is a military obligation.. Ms. Barrett s military service was a motivating factor in Defendants decision to terminate her employment given, inter alia, the closeness in time (hours) between Ms. Barrett informing the Defendants of her military obligation, the Defendants statement that, it s my understanding that we do not have to keep your positon open because we are a small business and we don t think we can absorb it, but we are going to look at it tonight, and Ms. Barrett being informed that her employment was terminated within hours.. Defendants termination of Ms. Barrett constitutes an adverse employment action that has caused Ms. Barrett damages in an amount to be proven at trial. ///// COMPLAINT AND DEMAND FOR JURY TRIAL- 0

11 Case :-cv-00-smj ECF No. filed /0/ PageID. Page of 0 (CAUSE OF ACTION NO. VIOLATION OF U.S.C. (b) - RETALIATION) 0. Under U.S.C. (b) an employer may not discriminate in employment or take any adverse employment action against any such person because such person has taken an action to enforce a right or protection or exercise a right afforded under USERRA.. Ms. Barrett s actions to enforce a protection afforded her under USERRA, or to exercise a right provided by USERRA, was a motivating factor in Defendant s decision to deny Ms. Barrett employment and benefits of employment.. Defendants unlawfully retaliated against Ms. Barrett, among other ways, by denying Ms. Barrett employment and benefits of employment because she took action to enforce a protection afforded him under USERRA or to exercise a right provided by USERRA. (CAUSE OF ACTION NO. - VETERANS DISCRIMINATION - VIOLATION OF RCW.0.00 & RCW.0.0). Under the Washington Law Against Discrimination an employer cannot take an adverse action against an employee on, inter alia, account of that employee's military/veteran status. COMPLAINT AND DEMAND FOR JURY TRIAL-

12 Case :-cv-00-smj ECF No. filed /0/ PageID. Page of 0. Defendants violated Ms. Barrett s WLAD-guaranteed protection from military related employment discrimination for the reasons stated above.. Defendants violations of the WLAD have caused Ms. Barrett damage in an amount to be proven at trial. (CLAIM FOR LIQUIDATED DAMAGES U.S.C. ). Plaintiff is entitled to liquidated damages under USERRA because the Defendants knew, or showed reckless disregard for whether its conduct was prohibited under USERRA. V. PRAYER FOR RELIEF Plaintiff respectfully prays for: A. Compensation for all injury and damages suffered by Ms. Barrett including, but not limited to, both economic and non-economic damages, in the amount to be proven at trial including back pay, front pay, pre and post judgment interest, lost benefits of employment, adverse tax consequences of any award for economic damages pursuant to Chapter RCW.0 et seq., liquidated damages under both federal and Washington law for willful violations as it relates to the improper withholding of wages and benefits and general damages relating to emotional distress and mental anguish damages as provided by law. COMPLAINT AND DEMAND FOR JURY TRIAL-

13 Case :-cv-00-smj ECF No. filed /0/ PageID. Page of 0 B. Plaintiff s reasonable attorneys, expert fees, and costs, pursuant to U.S.C., and as otherwise provided by law under RCW..00 and.0.00(), as well as the private attorney general theory of recovery of reasonable attorney fees and costs in employment related cases. equitable. C. For such other and further relief as this Court deems just and Respectfully submitted this November,. /s Thomas G. Jarrard THOMAS G. JARRARD Law Office of Thomas G. Jarrard, PLLC 0 N. Washington Street Spokane, WA Telephone:..0 /s Matthew Crotty MATTHEW Z. CROTTY Crotty & Son Law Firm, PLLC 0 West Riverside, Suite 0 Spokane, WA Telephone: Attorneys for Plaintiff COMPLAINT AND DEMAND FOR JURY TRIAL-