Subway manager says she was fired after making sexual harassment claim

CHARLESTON -- A restaurant manager is suing her boss and the company on charges she was sexually harassed and then fired for reporting it.

Tracy Scott Bennett filed suit July 17 in Kanawha Circuit Court against Kermit Ball, The Hammond Group Inc., doing business as Subway of West Virginia, and Doctor's Associates Inc., doing business as Subway Restaurants, citing sexual harassment, discrimination and retaliatory firing.

The lawsuit states Bennett began working for Subway as a sandwich artist in June 2010. Kermit Ball is the director of operations for the Hammond Group, which is the corporate franchisee for the chain and operates around 20 Subways in West Virginia, the complaint states. Doctor's Associates is the franchisor.

Bennett said Ball repeatedly sexually harassed her with jokes and comments from the beginning of her work. She received promotions and was the district manager over three restaurants by June 2011. Bennett then filed a written complaint about Ball's comments to her and other employees in April 2012, the complaint states. Her job was terminated in October 2012.

Bennett is seeking damages to be determined by a jury, including punitive damages, court costs and any other relief a court sees fit.

She is represented by W. Stuart Calwell Jr. of The Calwell Practice LC of Charleston. The case has been assigned to Circuit Judge Paul Zakaib.

Kanawha Circuit Court Case 14-C-1278