West Virginia Record

Sunday, October 20, 2019

Hearing date set in lawsuit involving Alfredo's


By Kyla Asbury | Jun 17, 2019

SUMMERSVILLE — A hearing is set on a motion to compel discovery in a lawsuit against Alfredo's of Summersville after a woman claims she was subjected to a hostile work environment by her supervisor.

The hearing is set for July 10 at the Nicholas County Courthouse before Circuit Judge Stephen O. Callaghan, according to a notice of hearing filed May 22 in Nicholas Circuit Court.

In March, Alfredo's and Ahmed Gharib filed affirmative defenses and an answer to the complaint. The defendants allege the complaint failed to state a claim upon which relief could be granted.

The defendants also argue that the damages the plaintiff complains of were not the result of any acts or omission or commission on the part of the defendants.

"Your Defendants...would deny each and every allegation not specifically admitted herein, including prayer/requests for relief, both temporary and permanent, requested therein, and would hold the plaintiff to the strictest proof of law thereto required, as well as all statutory and West Virginia case law requirements for the prosecution of this case," the answer states.

Vivian Khorshad originally filed the lawsuit on February 19 in Nicholas Circuit Court.

Khorshad claimed she was hired to work for Alfredo's as a server, but that during her employment, aside from two nominal paychecks, she was paid exclusively through tips from customers.

Alfredo's did not pay Khorshad minimum wage for the hours she worked and when she inquired about the refusal to pay her minimum wage, she was informed that she made too much in tips, according to the suit.

Khorshad claims Gharib, her supervisor, also made sexually suggestive gestures and comments on multiple occasions and even propositioned her with money in exchange for sexual favors.

The plaintiff rejected "each and every advance, proposition and action made by Gharib," the complaint states.

On Aug. 24, Gharib touched Khorshad's breasts and she was forced to leave work after the sexual harassment, according to the suit.

Khorshad claims Gharib then retaliated against her by reducing her hours substantially and then completely removing her from the schedule for two weeks.

Khorshad is seeking compensatory and punitive damages. She is represented by Jared T. Moore of the Moore Law Firm.

The defendants are represented by James R. Milam II of James R. Milam II Attorney at Law PLLC.

Nicholas Circuit Court Case number: 19-C-21

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