Riccobono v. Pierce County9/4/1998
Source of Appeal: Appeal from Superior Court of Pierce County Docket No: 93-2-11740-5
Judgement or order under review
Date filed: 03/15/96
Judge signing: Hon. Arthur W. Verharen Iii
Authored by J. Dean Morgan
Concurring Elaine M. Houghton, David H. Armstrong
PUBLISHED IN PART
-- In this unlawful retaliation case, the employer appeals an adverse jury verdict, and the employee cross-appeals the dismissal of certain claims. We affirm in part and reverse in part.
In 1988, Mary Sally Riccobono, a woman of Hispanic origin, was hired as a recording technician by former Pierce County Auditor Brian Sonntag. From the outset, she was both a civil service employee and a union employee. According to civil service regulations and her union's collective bargaining agreement (CBA), she could be removed, suspended, or demoted only for cause.
In January 1993, Cathy Pearsall-Stipek succeeded Sonntag as county auditor. She hired John Gamble as her deputy, and Gamble became Riccobono's supervisor.
On March 19, 1993, Riccobono wrote to her union complaining about various aspects of her employment. Later, she contacted a Pierce County Equal Employment Opportunity officer and made various complaints about her working conditions.
On April 6, 1993, Gamble reprimanded Riccobono, alleging misuse of county telephones and conduct unbecoming a county employee. Two weeks later, Riccobono submitted a grievance to her union and the County. In the grievance, she asked that the County "{d}estroy letter of reprimand dated 4-6-93. Remove letter from personnel and all County files. Stop harassment and discrimination."
On May 28, 1993, Riccobono placed an envelope containing a copy of her grievances in the Pierce County Annex mail room, addressed to Sonntag and marked "confidential." According to Riccobono, Gamble intercepted the envelope, opened it, and read its contents. According to Gamble, he intercepted the envelope, but only by mistake; he thought it was an envelope that he himself had placed in the mailroom, and he mailed it from another location when he realized his mistake.
In May, Riccobono prepared a federal EEOC complaint. On June 7, she filed it.
On July 13, Gamble gave Riccobono a "notice of intent to suspend" for three days, alleging behavior that interfered with performance, intimidated other employees, and impaired operations. The next day, Riccobono obtained a medical leave of absence due to stress, and her leave was later extended to August 30. She returned to work on August 30 and served her three-day suspension from September 14 to 16.
On October 7, 1993, Gamble called Riccobono into his office to discuss vacation time. Riccobono said she did not have to listen and walked off the job.
Also on October 7, 1993, Riccobono requested another medical leave of absence. It was granted, and then extended from time to time over the next several months.
On June 30, 1994, Riccobono resigned from her county employment.
On November 23, 1994, Riccobono sued the Pierce County and others. Citing RCW 49.60, she alleged that after January 1, 1993, the County had wrongfully retaliated against her because she had actively opposed its attempts to discriminate against her on the basis of her national origin. Later, she amended her complaint to add claims under 42 U.S.C. sec. 2000e and 42 U.S.C. sec. 1983.
Trial began in December 1995. Riccobono called a certified public accountant, William C. Deaton, on the issue of future economic loss. In addition, she called herself, her ex-husband
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