WEST VIRGINIA RECORD

HUNTINGTON -- A Cabell County woman is suing Midland Food Services and its store manager for violation of the West Virginia Human Rights Act.

Tina M. Watts was employed by Midland Food Services' Pizza Hut restaurant on U.S. 60 in Barboursville and had been employed there since July 2009, according to a complaint filed March 16 in Cabell Circuit Court.

Watts claims in January Roger Carter, the store manager, asked her if she would give him a "blow job," to which she refused and informed Carter she had a fiance and he had a wife. She claims Carter noted the woman was not his wife, and that he was only living with her.

Watts claims she reported the incident to her shift supervisor two days later, who told her if he did it again he would receive a verbal warning.

During the week of Feb. 22, Carter and Watts were closing the restaurant together when Carter "approached her and asked if she wanted to have sex with him," to which she refused, according to the suit.

Watts claims on March 2 she was working with a waitress named Stephanie; Shannon, who was the dough maker; Jason, who was the cook; Tommy Adkins, who was the delivery person; Carter; and Felicia Smith, Carter's girlfriend's daughter, who was also a waitress.

Watts and Stephanie were talking about how Carter gave special treatment to Smith, according to the suit. She claims Carter called her and Smith to the back room when she returned from her lunch break.

Watts claims she told Carter she had a problem with him for giving special treatment to Smith and for the "blow job" incident. She claims Carter responded that the incident never occurred and that if she had a problem with him, she was suspended and someone would call her when she could come back to work.

On March 9, Watts went to pick up her paycheck and was informed she had been fired for not showing up for work, according to the suit.

Watts claims the defendants violated the West Virginia Human Rights Act for sexual harassment and wrongful discharge.

Watts is seeking compensatory and punitive damages. She is being represented by Timothy P. Rosinsky.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 10-C-227