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Souther v. New River Area Mental Health Development Disabilities and Substance Abuse Program2/6/2001
ou said this to Randy Johnson. "In a meeting with Betty later that day, August 19, 1993, Betty said she wanted Mr. Jenkins to stop yelling at her. The yelling brought back painful memories. She would ask why he could not go somewhere else to get his needs met." . . .
Q. . . . "She explained Mr. Jenkins told her that he would help her move to her new trailer, and she could repay him with sexual favors. According to Betty, he indicated how she could repay him by saying 'You know what I mean.'" Now, I've just read you a paragraph from Mr. Johnson's notes that he will testify that he made on the 19th, and I'm asking you if you agree that that is what you said to him on the 19th? That's not what you said to him?
A. No.
Petitioner denied meeting Johnson again in person on 31 August 1993 and stated she had only met with him once prior to the September meeting. She also denied everything in Johnson's notes of the 31 August meeting:
Q. I want to read to you a part of what purports to be a note, and I want you to tell me if this is correct or incorrect. You were talking with Randy Johnson. . . . [Johnson] asked her if she, Mr. Jenkins and could meet. Betty responded no. She said she did not feel that she should be there. She explained that she could not handle it. An ambulance would probably have to be called for her. Betty stated that she wanted me to meet with Lester alone and guarantee her safety. She wants (a) Mr. Jenkins to change his behavior. She clarified that to mean no more comments about sexual relations. (2) She [wanted] . . . Mr. Jenkins to treat her with respect -- no more yelling. And she wanted to work with Robin in her home -- Betty's home -- until she is in a better emotional state. Now, is that an accurate summation of what was said?
A. No.
Q. So, these notes are wrong too?
A. No. No.
Q. Okay. What's wrong about them?
A. All of it.
Her testimony is in sharp contrast with that provided by respondent's agents. Johnson testified that he met with Mr. Jenkins after petitioner made her complaints and had investigated her allegations, and that at the 20 September 1993 meeting Beamon gave petitioner the option of returning to work at the Jenkins home or termination. Petitioner asked to be terminated. Tate testified that Beamon advised petitioner that Johnson had met with the Jenkins, that she (Beamon) was satisfied that the investigation had been handled properly, and that it was safe for petitioner to return to the Jenkins home. Petitioner refused. Beamon testified that she advised petitioner that her complaints had been investigated, that she believed Mr. Jenkins' statement that his comments were made in jest, and that there had been no sexual harassment. In addition, both Mr. and Mrs. Jenkins testified at the hearing and described their deteriorating relationship with petitioner.
Based upon this and other evidence presented at the hearing, I respectfully disagree with the majority's holding that petitioner has met her burden as to this issue. Looking first to the propriety and reasonableness of respondent's request, it is doubtless that respondent had the authority to request petitioner's return to work at the Jenkins home; therefore, the request was proper. As to the reasonableness of the request, respondent accommodated petitioner by allowing her to take vacation time and care for Robinette in petitioner's own home while undertaking an investigation of the matter. As part of his investigation, Johnson spoke on several occasions with Mr. and Mrs. Jenkins, who candidly discussed two questionable incidents and gave unvarying statements throughout the investigati
Page 1 2 3 4 5 6 7 8 9 10 11 North Carolina Employee Leasing Services
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