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Estevez v. Faculty Club of the University of Washington3/28/2005
JUDGES Concurring: Marlin Appelwick Susan Agid
PUBLISHED OPINION - Opinion ordered published October 4, 2005
A few weeks after being hired as the Dining Room Manager for the University of Washington Faculty Club, Margaret Estevez met Rob Layne, a kitchen employee. Soon after, Layne engaged in a series of bizarre and frightening acts directed toward Estevez. Estevez reported Layne's behavior to her supervisors; within days, Layne was placed on leave and told not to return to the Faculty Club without receiving a mental health evaluation. Layne reappeared once looking for Estevez, but was told to leave. Layne then resigned. Several days later, Estevez told her supervisors that she intended to obtain a restraining order against Layne. She was told the next day that she was being terminated from employment. She subsequently sued the Faculty Club for retaliatory termination and hostile work environment.
Because the Faculty Club responded promptly to Estevez's complaints, Layne's actions were not imputable to the Faculty Club, and the trial court did not err in dismissing Estevez's hostile workplace claim. However, Estevez provided sufficient evidence to support both a prima facie claim of retaliatory termination and pretext. Thus, her claim for retaliatory termination was improperly dismissed.
FACTS
Estevez's Allegations
Estevez interviewed for the position of Faculty Club Dining Room Manager and was hired by the Club Manager, Colleen Rohrbaugh, on September 17, 2001. Her immediate supervisor was the Catering Manager, Alexandra Chordas. A few weeks after being hired, Estevez met Rob Layne, a kitchen employee. Greg Fazzini, the Kitchen Manager/Chef, and Mike Hoffman, another kitchen employee, noted that Layne, a normally quiet and shy person, seemed to be a bit 'chattier' with Estevez. They both told Estevez that Layne was looking for new friends, and encouraged Estevez to make friends with Layne.
Soon after Estevez met Layne, he asked her out for a drink. She told him that she was married, and declined his offer. A few days later Estevez's husband met Layne. Estevez and her husband planned to go to a gun show on October 7, 2001, to add to the husband's military memorabilia collection. They asked Layne to attend the show with them. Layne agreed, and they made arrangements for him to come to their home at 8 a.m. on the morning of the gun show.
On the morning of the show, Layne showed up around 7:20 a.m., and told Estevez that he had stayed up until midnight the night before so that he would not be late. He showed Estevez and her husband a notebook in which he had written while waiting to come over; the notebook contained the names of Estevez, her husband, and their son, and their address, written over and over. Estevez stated that the notebook also contained a statement or pledge that Layne 'would fight no longer.' Estevez tried to make light of the notebook, and the three went to the gun show. Layne spent much of the time outside the show, and he rambled in a disjointed way, during the ride home. The next day, Layne called Estevez at home to tell her what a great time he had had.
Estevez reported Layne's strange behavior to Rohrbaugh when she returned to work on October 9, 2001. Thereafter, Layne attempted to give Estevez a plant, all his expired driver's licenses and work permits dating back to the 1980's, a ski cap, ski goggles, lotion, and some sort of toy. When Estevez refused the gifts with the exception of the plant, Layne became agitated. She later found the expired licenses and work permits in a bag with the plant and the other items in a common locker at work. Estevez gave these items to Rohr
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