Captain D's moves suit to federal court, files countersuit
Cara Bailey Apr. 30, 2008, 3:30am
CHARLESTON - A case filed in Kanawha Circuit Court has gone to the federal level, with the defendant now bringing a suit against a girl who first sued them.
Captain D's filed a suit April 14 in the U.S. District Court, Southern District of West Virginia, against a minor who filed a suit against the restaurant in January.
S.S. is a minor child who worked at Captain D's from June 28 to July 26, 2007. She claims she was subjected to inappropriate sexual comments from Mike Taylor, the manager at the restaurant, which is a violation of the West Virginia Human Rights Act.
She is seeking compensatory and punitive damages totaling more than $75,000. According to the federal case, the suit was filed in a federal court because of the amount.
Captain D's claims S.S. signed a job application that stated the restaurant has a policy requiring good faith mediation of claims arising out of or related to employment at the restaurant. The statement also said that any remaining unresolved claims should be settled by arbitration.
The suit says S.S. also signed an Employment Dispute Resolution Plan, which stated "both Captain D's and I agree to settle any and all previously unasserted claims, disputes or controversies arising out of or relating to my application of employment, employment, and/or cessation of employment with Captain D's, exclusively by final and binding arbitration before a neutral Arbitrator."
Captain D's claims S.S. has not attempted to comply with the terms of the EDR Plan. The restaurant seeks a court-ordered stay on the suit filed in Kanawha Circuit Court, and a close to the case.
Attorney Eric W. Iskra is representing the restaurant.