Case: Jubb et al. v. Roe Specialty Pharmacy [sexual harassment]
Court: Superior Court of Orange County
Judge: Linda S. Marks
Date: September 10, 2010
Recovery: Hogue & Belong obtained a $295,000 settlement against Roe Specialty Pharmacy.
Facts and Allegations:
Roe Specialty Pharmacy had a group of Territory Managers that would promote the Pharmacy and related services. Territory Managers worked predominantly out of the office. On occasion, Territory Managers would attend special events and have to do one-on-one “ride alongs” with his or her supervisor.
Jane Doe I was hired by Roe Specialty Pharmacy as a Territory Manager. Supervisor A supervised Jane Doe I without incident. Approximately five months later, Roe Specialty Pharmacy changed Jane Doe I’s supervisor to Supervisor B. From the beginning, Supervisor B would send Jane Doe I inappropriate text messages repeatedly asking for Jane Doe I to give him massages as well as repeatedly asking her to go out for drinks with him. Supervisor B would send text messages to Jane Doe I with innuendos that he was masturbating and that he and Jane I were going to have sexual intercourse. Jane Doe I tried her best to keep Supervisor B at bay by either ignoring these text messages all together or changing the subject back to business when responding. This went on for about four months.
Jane Doe I was called into a meeting at Starbucks with Supervisor B and his boss, the Vice President. The Vice President terminated Jane Doe I’s employment, offered her a small severance if she signed a severance agreement that prevented any actions against the Pharmacy, and asked for the company cell phone that contained all the text messages from Supervisor B back. Jane Doe I said she left the phone at home, and refused to sign the severance agreement. Supervisor B and the Vice President suggested that they follow Jane Doe I home so that she could obtain the phone. Jane Doe I declined.
Approximately one year later after Jane Doe I filed suit, Jane Doe II made a claim that she was also sexually harassed by Supervisor B. Among other things, Supervisor B would text message Jane Doe II asking what she was doing over the weekend. Supervisor B also held Jane Doe II’s hand against her will. Jane Doe II complained about Supervisor B to the Vice President and to the President of Roe Specialty Pharmacy. Nothing was done. Jane Doe II and Supervisor B were both married. Jane Doe II’s complaint about Supervisor B’s harassment came several months before Supervisor B harassed Jane Doe I.