Woman claims boss sexually harassed her at Long John Silver's

CHARLESTON -- A woman is suing a company doing business as Long John Silver's in Charleston, claiming her supervisor sexually harassed her and that she was fired for reporting the behavior.

Dominique Martinez filed a lawsuit May 29 in Kanawha Circuit Court against Performance Food Corp., Retta Bass and the general manager of the corporation known only as "Mark."

Martinez says she was hired in September 2008 as a food server at the restaurant. Bass was an assistant supervisor there and was Martinez's boss, the complaint says.

On numerous occasions, according to the complaint, Bass would approach Martinez from behind and rub her hands on Martinez's buttocks. On other occasions, Bass would rub her body on Martinez's buttocks, or "dry hump" the plaintiff, the complaint says.

All of these advances were unwanted and Martinez objected to them, the complaint says.

On some occasions, Bass would tell Martinez: "You know the things I could do to you?" and complain to the plaintiff: "Why do all the straight girls have to be so shapely and not available?" the complaint says.

At one point, Martinez claims Bass offered her $50 not to report the behavior.

Nevertheless, Martinez says she reported the behavior to "Mark," but claims nothing was ever done about it.

Martinez claims she was fired on Nov. 9, 2008, allegedly in retaliation for reporting Bass.

She's seeking compensatory and punitive damages.

Matthew S. Criswell is representing the plaintiff. The case is before Kanawha Circuit Judge Charles King.

Kanawha Circuit Court case number: 09-C-1014