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WEST VIRGINIA RECORD

Tuesday, April 23, 2024

Woman says she was forced to resign after co-worker continued to attack her

Lawbooks

ELKINS – A woman has filed suit against her employer, alleging it failed to protect her from sexual assaults or from potential violence.

Tiffany Selders alleges she was working for defendant MegaCorp in Elkins in 2009 where she worked as an account executive with a salary of $52,000 per year. She also was supposed to be compensated 35 percent of the revenue, according to the complaint filed Aug. 9 in U.S. District Court for the Northern District of West Virginia.

In time, Selders was promoted to an assistant manager, the suit states. However, she received no additional compensation, the suit states.

During her tenure, on Aug. 9, 2012, Selders was physically assaulted by a co-worker who shoved his hand down her shirt, the complaint says. Again, on Oct. 16, 2012, the same worker shoved his hands down Selders' pants, grabbed her buttocks and shoved her against a counter, she alleges. On Nov. 5, Selders again was attacked by the same worker who knocked her down several stairs, according to the complaint.

In April 2013, the same perpetrator brought a handgun to work and put it on his desk, the suit states.

Although Selders reported the incidents to her supervisors, MegaCorp failed to help her or to discipline the worker in any way, according to the complaint. In turn, the attacks continued throughout the past year. The unnamed co-worker shoved his hand down Selders' shirt and grabbed her chest on March 11, then shoved his hands down her pants on July 2, the suit states.

Due to the continued attacks, Selders resigned Aug. 1, the complaint says. By the time she resigned, Selders still had not been receiving the salary she should have, she alleges.

In her complaint, Selders says MegaCorp violated the Wage Payment and Collection Act, breached its employment contract, negligently retained and hired her co-worker, negligently supervised and trained her co-worker and failed to provide a safe place for her co-worker to work.

In her complaint, Selders is seeking exemplary damages, attorney fees, costs and other relief the court deems just.

Paul J. Harris of Wheeling and J. Laura Wakim Chapman of Wheeling are representing her.

The case has been assigned to U.S. District Judge John Bailey.

U.S. District Court for the Northern District of West Virginia case number 2:14-cv-60

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