BLUEFIELD – A lawsuit alleging Aramark Uniform & Career Apparel allowed an employee to be sexually harassed has been removed to federal court.
Aramark claims in the Dec. 23 notice of removal that U.S. District Court for the Southern District of West Virginia is the proper venue for the case because Aramark is a Delaware corporation.
"Accordingly, the parties are completely diverse because they are citizens of different states," the notice states.
Aramark also contends that even though plaintiff Jill R. Cox does not demand a specific amount of monetary recovery, her claims place the amount in controversy over the $75,000 state court threshold.
"Including even a small amount of damages associated with potential compensation for sales-based commissions, plaintiff's economic damages for back pay, alone, could exceed the jurisdictional threshold," Aramark wrote in the notice of removal.
Cox was employed by Aramark until July 9, according to her complaint. She alleges during her employment, she was subjected to sexual harassment and unwanted advances by Timothy Cunningham, the general manager of Aramark.
Cox claims she was subjected to physical touching, Cunningham asking her to leave her spouse and "go away with him," and Cunningham refusing to leave her alone when she requested he stop the harassment.
Cunningham allegedly also asked Cox to meet him at a hotel room, requested hotel rooms near hers on business trips, invited her to his hotel room multiple times, offered her any job she wanted in the plant in exchange for her being with him and even attempted to kiss her on several occasions, according to the suit.
Cox alleges he would text her and drive by her home and would follow her from hotel to hotel to watch her after she repeatedly refused his unwanted sexual advances. Cox alleges Cunningham even once told her he carried a gun.
Cox claims her employment was terminated on July 9 for failing to travel to Gray, Tennessee, and Pikeville, Kentucky. She claims she was fearful of Cunningham and did not go on the work trips after the continuous harassment and retaliation.
Cox is seeking compensatory and punitive damages. She is represented by Anthony M. Salvatore of Hewitt and Salvatore and Tammy Bowles Raines of Tammy Bowles Raines Law Office.
Aramark is represented by Billie Jo Streyle of MacCorkle Lavender and Anne E. Martinez, Matthew J. Sharbaugh and Stephen K. Dixon of Morgan, Lewis & Bockius.
The lawsuit was initially filed in Mercer Circuit Court on Nov. 18.