CHARLESTON — Sweetbriar Assisted Living says it is not responsible for allegations against it in a lawsuit by a former employee.
The claims made by Bethlhem Kebede are barred by the doctrines of estoppel and waiver, according to an answer filed in Kanawha Circuit Court.
"The allegedly discriminatory and hostile work environment, which is the subject of Plaintiff's Complaint, did not occur during the time that this Defendant owned the assisted living facility where Plaintiff was previously employed, as Plaintiff was never employed by this Defendant," the answer states.
Sweetbriar argues it is not liable for any alleged discriminatory or retaliatory acts.
The defendant never undertook any actions with respect to the terms and conditions of the plaintiff's work as the plaintiff was never employed by the defendant, according to the answer.
Sweetbriar claims Kebede worked for the previous owner of the assisted living facility and she quit in June 2021. The defendant did not purchase the facility until October 2021.
Kebede claims she began at Sweetbriar in April 2021 and she was frequently discriminated against because of her race, national origin and gender.
"Employees of Defendant Sweetbriar would yell and scream at her, falsely accuse her of misconduct, make jokes and rude comments about her race and national origin, make fun of her accent and clothing, micromanage her and would assign her hours knowing they conflicted with the schedule of her other part-time job," the complaint states.
Kebede claims other employees would call her a foreigner and say she didn't belong there because she was Ethiopian.
On June 19, 2021, the plaintiff finished her first shift in the Memory Care Unit and reported to 400 Hall for her second eight-hour shift when an incident occurred with a licensed practical nurse that yelled and her and berated her, according to the suit.
Kebede claims she told the defendant she was going to go to her car for a few minutes to calm down after the incident, however, the nurse followed her and continued to yell at her, despite her asking him to please leave her alone.
Kebede claims she decided to resign from her employment after that.
Kebede is seeking compensatory and punitive damages. She is represented by Ambria Britton of Klie Law Offices in Buckhannon.
Sweetbriar is represented by Scott K. Sheets of Dinsmore & Shohl in Huntington.
Kanawha Circuit Court case number: 22-C-780