CHARLESTON – A Putnam County woman says she was the victim of sexual harassment and retaliatory discharge by a former employer.
Tammy Ullum filed her complaint in Kanawha Circuit Court against U.S. Transport Corporation and John Schmalshof. The company has a warehouse and trucking operation in Kanawha County, and Schmalshof was a manager and was Ullum’s supervisor.
According to the complaint, Ullum worked for U.S. Transport as an administrative assistant.
During her employment, Ullum says Schmalshof continuously and consistently made sexual comments, remarks and advances to her and created a hostile work environment.
After Ullum complained to management, she says his conduct continued. And instead of rectifying the situation, she says the company fired her in retaliation on July 7, 2021. She says the company also failed to pay her all of her accrued wages and/or benefits.
Ullum says the sexual discrimination was a violation of the West Virginia Human Rights Act. She also says Schmalshof’s actions were intentional infliction of emotional distress, and she says U.S. Transport is responsible for his actions. She also accuses the company of negligent hiring and supervision.
She says she has suffered lost wages and benefits as well as emotional distress, mental anguish, wounded pride, shame and despair. She seeks compensatory and punitive damages, attorney fees, court costs and other relief.
In its answer, the company denies the allegations and seeks to have the case dismissed.
Ullum is being represented by Charleston attorney Timothy J. LaFon, and U.S. Transport is represented by Johnnie Brown and Anthony I. Werner Jr. of Pullin Fowler Flanagan Brown & Poe in Charleston. The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 22-C-678