Woman’s Harassment Claim Overturned by Court of Appeals

A ruling of close to $500,000 was recently overturned by officials with the North Carolina Court of Appeals, according to the Fayetteville Observer. The suit was against Fayetteville’s Goodyear Tire & Rubber Co. plant where an employee claimed harassment and wrongful termination. The employee claimed that she was wrongfully terminated from the plant after stepping forward with racial discrimination and harassment.

The count decided to overturn a Cumberland County decision to award to a 2-year worker of the plant. They overturned the ruling because they “discovered” that she brought her case to the wrong venue.

Our Fatetteville workers’ compensation attorneys understand that this isn’t hasn’t been the only bad news received by workers at the plant. A worker was recently denied further healthcare compensation for a back injury that happened back in 2000. We understand that workers show up on the job each and every day with the expectations of being protected on the job, and provided the proper compensation should something catastrophic happen on the job. Unfortunately, companies and the courts don’t always have your best interest in mind — and that’s where an aggressive attorney. If you feel like you’ve been wronged on the job, it’s critical for you to recruit experienced representation to help you to fight for the compensation that you deserve. Those who are fired or otherwise retaliated against for reporting a work injury or dangerous working conditions are protected from such actions by both state and federal law.

According to the recent ruling on the harassment and wrongful termination case, the victim claims that she was repeatedly harassed by her supervisor. She’s black and she says that this was the basis of the harassment, in addition to discrimination against her for being a female.

In court, the worker claimed that her supervisor belittled her and screamed at her in front of other workers. She said that she felt intimidated and threatened.

“Plaintiff’s supervisor’s behavior toward plaintiff was obnoxious and rude; the harassment was verbal and involved some forms of intimidation but did not involve anything of a sexual nature nor did it involve any physical contact with plaintiff,” said Donna Stroud, Judge with the Court of Appeals.

The employee claims that there were two additional black females (with Bachelor’s degrees) who were overlooked for management positions. She goes on to explain that a Caucasian man who only made it through high school was granted the job. She says that she was informed that management experience and a degree were the only two requirements for the position.

The employee decided to file a complaint back in June with the Equal Employment Opportunity Commission in June of 2009. Reports indicate that she was told to leave the company in August of the same year.

Officials with the Cumberland County Superior Court found that the company was guilty of wrongfully firing her, but was not responsible for discrimination. In addition, also denied her claim for emotional distress.

If you or a loved one has been injured at work, contact Lee Law Offices, P.A. for a free and confidential consultation to discuss your rights. Call 1-800-887-1965.

Additional Resources:

Court overturns $450,000 verdict for Goodyear Tire worker who claimed harassment, by Paul Woolverton, Fayetteville Observer

More Blog Entries:

Carolina Construction Workers Risking Lives Daily, North Carolina Workers’ Compensation Lawyers Blog, January 15, 2013

OSHA Targets High-Risk Workplaces, North Carolina Workers’ Compensation Lawyers Blog, January 13, 2013

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