CHARLESTON – A Tornado woman alleges her privacy was violated when she was searched at work over false accusations of stealing a pen.

Malissa Lovejoy filed a complaint in Kanawha Circuit Court against Towne Park LLC, James Gruber and Mary Jane Baker alleging sexual harassment, defamation, invasion of privacy, battery and other counts.

According to the complaint, the plaintiff was hired by Towne Parks' predecessor in August 2015 as a valet driver at CAMC Memorial Hospital in Charleston. She alleges that on July 11, 2017, she was falsely accused of stealing a co-worker's pen and she was subjected to a search performed by Gruber and ordered by Baker without her consent. She alleges the search violated her privacy.

The suit states the plaintiff was unable to return to her workplace for fear for her safety and retaliations for complaining such actions. She alleges she was forced to quit her employment on July 25, 2017. 

The plaintiff holds Towne Park LLC, Gruber and Baker responsible because the defendants allegedly constructively discharged her and made false and defamatory statements.

The plaintiff requests a trial by jury and seeks back pay and front pay, plus punitive damages, interest, attorney's fees, costs and any further relief that the court may deem just and proper. She is represented by Philip A. Reale II of Law Office of Philip A. Reale PLLC in Charleston.

Kanawha Circuit Court case number 17-C-1712




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