in the circuit court for the state of oregon for...

28
COMPLAINT – Page 1 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR MULTNOMAH COUNTY KHATAUN THOMPSON and ALYSSA DEWEESE, Plaintiffs, v. TANDEM PROPERTY MANAGEMENT, INC., THOMAS CLAREY and TONYA TIEDEMANN, Defendants. Case No. COMPLAINT Whistleblower Retaliation Amount in Controversy: $40 million Fee Authority: ORS 21.160(1)(e) Filing Fee: $1,111 Jury Trial Requested Not Subject to Mandatory Arbitration 1. INTRODUCTION Tandem is a multimillion-dollar corporation that manages a large luxury apartment community in the West Hills of Portland. In May 2018 during a renovation project, Tandem corporation executives discovered that their luxury apartments had recently tested hot for harmful asbestos. Rather than do the right thing, Tandem corporation executives conspired to orchestrate a massive coverup to keep the harmful asbestos a secret from tenants, from workers, and from the government. This lawsuit is filed by two former Tandem employees who were wrongfully terminated as part of the Tandem corporation’s systematic coverup. 9/17/2018 10:24 AM 18CV41187

Upload: others

Post on 28-Mar-2021

3 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 1 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

IN THE CIRCUIT COURT FOR THE STATE OF OREGON

FOR MULTNOMAH COUNTY

KHATAUN THOMPSON and ALYSSA DEWEESE, Plaintiffs, v. TANDEM PROPERTY MANAGEMENT, INC., THOMAS CLAREY and TONYA TIEDEMANN, Defendants.

Case No. COMPLAINT Whistleblower Retaliation Amount in Controversy: $40 million Fee Authority: ORS 21.160(1)(e) Filing Fee: $1,111 Jury Trial Requested Not Subject to Mandatory Arbitration

1.

INTRODUCTION

Tandem is a multimillion-dollar corporation that manages a large luxury

apartment community in the West Hills of Portland. In May 2018 during a

renovation project, Tandem corporation executives discovered that their luxury

apartments had recently tested hot for harmful asbestos.

Rather than do the right thing, Tandem corporation executives conspired to

orchestrate a massive coverup to keep the harmful asbestos a secret from tenants,

from workers, and from the government.

This lawsuit is filed by two former Tandem employees who were wrongfully

terminated as part of the Tandem corporation’s systematic coverup.

9/17/2018 10:24 AM18CV41187

Page 2: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 2 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2.

JURISDICTION AND THE PARTIES

Plaintiff Khataun Thompson is a natural person and a citizen of Oregon.

3.

Plaintiff Alyssa DeWeese is a natural person and a citizen of Oregon.

4.

Defendant Tandem Property Management, Inc. (Tandem) is a citizen of

Oregon with its principal place of business in Oregon. Tandem was Mr. Thompson’s

and Ms. DeWeese’s employer and conducted regular and sustained business in

Multnomah County, Oregon. Tandem’s registered agent is located in Multnomah

County, Oregon. Mr. Thompson and Ms. DeWeese were supervised by Tandem

employee agents and Mr. Thompson and Ms. DeWeese relied on the actual or

apparent authority of Tandem’s employee agents, supervisors, and management.

5.

Thomas Clarey is a natural person who acted as manager of Mr. Thompson in

the course of Mr. Thompson’s employment with Tandem. Mr. Clarey also acted as

manager of Ms. DeWeese in the course of Ms. DeWeese’s employment with Tandem.

Mr. Clarey is the owner and president of Tandem.

Page 3: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 3 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

6.

Tonya Tiedemann is a natural person who acted as supervisor of Mr.

Thompson in the course of Mr. Thompson’s employment with Tandem. Ms.

Tiedemann also acted as supervisor of Ms. DeWeese in the course of Ms. DeWeese’s

employment with Tandem. Ms. Tiedemann was an authorized employee agent of

Tandem and was in substantial part acting within the course and scope of such

agency and employment. Ms. Tiedemann was motivated, at least in part, by a

purpose to serve Tandem.

FACTUAL ALLEGATIONS

7.

This complaint’s allegations are based on personal knowledge as to Mr.

Thompson’s and Ms. DeWeese’s own behavior and made upon information and belief

as to the behavior of others.

8.

Mr. Thompson began working for Tandem as a groundskeeper on or around

September 23, 2016.

9.

Tandem owns and operates eight large apartment complexes in southwest

Portland and has more than 100 employees.

Page 4: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 4 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

10.

Ms. DeWeese began working for Tandem as a leasing agent in or around

October 2016. At the time of her hire, and throughout her employment with Tandem,

it was openly known in the workplace that she was in a relationship with Mr.

Thompson.

11.

In or around December 2016, Mr. Thompson rented an apartment from

Tandem, which he received at a discount due to his employment. In or around April

2017, Ms. DeWeese rented a separate apartment from Tandem, which was also

discounted due to her employment.

12.

Over his nearly two years of employment with Tandem, Mr. Thompson was a

successful employee. He received multiple promotions and pay raises, and by June

2018, he was promoted to Tandem’s Capital Renovations Team. Mr. Thompson was

told that he would likely be promoted to a maintenance manager position in the near

future.

13.

Additionally, Ms. DeWeese consistently received promotions and pay raises

throughout her employment with Tandem, with her last increase in pay occurring in

or around March 2018. At that time, Ms. DeWeese was told by Tandem that she

would soon be promoted into a property manager position.

Page 5: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 5 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

14.

In or around April 2018, Thomas Cleary, the president of Tandem, met with

Tandem employees and indicated that he intended to renovate part of the Commons

at Sylvan Highlands apartment complex. In order to complete the renovation,

Tandem would need to obtain a loan and meet various bank requirements, including

upgrades to comply with new building codes.

15.

As part of the renovation it was determined that, among other things, walls

would need to be removed in order to reinforce the studs for seismic upgrades of the

building. Once the scope of the demolition was discovered, employees sought a

commercial dumpster to be brought to the Sylvan Highland property for discarded

materials. Because Sylvan Highlands is located in Multnomah County, disposal

companies require environmental reports relating to the materials to be disposed.

The project manager of the demolition requested that Tandem’s Regional Manager,

Tonya Tiedemann and Tandem’s owner, Mr. Cleary, supply the needed report, and

they indicated they would. Without the reports, Tandem could not get a commercial

dumpster for the materials to come to the Sylvan Highlands complex.

Page 6: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 6 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

16.

In or around May 2018, Tandem transferred three non-white employees to

work on the renovation project at Sylvan Highlands. The group began renovations

in five vacant units, which included pulling sheetrock off of the walls and ceilings.

In the process of the renovations, on or around May 23, 2018, the workers found

what appeared to be asbestos. In fact, one of the workers recalled that in a previous

renovation, twelve years earlier, there had been asbestos remediation in the

building. The process was very expensive and the long-time worker recalled that

Tandem directed that only some of the asbestos be remediated, despite regulations

requiring full remediation.

17.

Upon dislodging the apparent asbestos, the team promptly called Ms.

Tiedemann on speaker phone and it was reported that asbestos was potentially

present in the sheetrock. Asbestos is known to cause malignant diseases such as

lung cancer, pleural mesothelioma and peritoneal mesothelioma, and it is believed

to be the number one cause of occupational cancer in the world. Asbestos is

particularly dangerous because microscopic fibers cannot be seen, smelled or tasted,

leading to unknowing exposure.

Page 7: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 7 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

18.

Ms. Tiedemann sounded frustrated that the team was stopping work and

expressed her reservations about telling Tandem’s president, Thomas Cleary, about

the issue because she felt he would “freak out.” Ms. Tiedemann indicated that she

would call the team back with instructions and when she did, she said that Mr.

Cleary would come to the unit to inspect the area himself. Mr. Cleary arrived at the

unit and was furious. Mr. Cleary was emphatic, yelling that there was no asbestos

and that they all needed to get back to work. It was the end of the work day, however,

so the employees left for the day.

19.

The next day, the non-white workers were removed from the Sylvan

Highlands project. Within a few days all three workers were fired because, Mr.

Cleary thought that they were “loose cannons” that might call the Oregon

Occupational Safety and Health Administration (OSHA) about the potential

asbestos.

20.

In or around June 2018, Mr. Thompson learned that he would be helping on

the renovations project at Sylvan Highlands. At that time, Mr. Thompson had no

knowledge of the suspected asbestos or connected wrongful terminations.

Page 8: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 8 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

21.

When the project first began, the crew built scaffolding outside of the building

so that they could remove sheetrock that was to be discarded. However, Mr. Cleary

came by the project and told the new team that they needed to take the sheetrock

through the apartment complex hallways and elevator.

22.

On or around June 28, 2018, as Mr. Thompson and his team were removing

sheetrock from a unit at Tandem’s Commons at Sylvan Highlands property, the new

crew found what appeared to be asbestos. Mr. Thompson then learned about the

earlier incident in May related to asbestos. The crew called Ms. Tiedemann and told

her about the new discovery, which also appeared to be asbestos. Ms. Tiedemann

indicated that she would call Mr. Cleary to determine what to do.

23.

In the meantime, unbeknownst to Tandem, a member of the crew took a

sample from the work site to be tested for asbestos. Later that night, the expedited

test revealed that the sample was “hot” and decisively over the limit for legally

acceptable asbestos levels. By this point, at least two groups of employees had been

exposed to asbestos, without first being provided proper training and without

protective gear. In addition, numerous residents had been exposed, based on the

demolition not complying with asbestos remediation regulations, and the

instructions by Mr. Cleary to haul “hot” sheetrock through the halls and elevator.

Page 9: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 9 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

24.

On the next work day, July 2, 2018, Ms. Tiedemann was notified of the results

of the asbestos test. That same day, Mr. Thompson was assigned to a project away

from Sylvan Highlands. Ms. Tiedemann spent much of the rest of the day trying to

track down which employees were aware that the test confirmed the presence of

dangerous levels of asbestos. Ms. Tiedemann learned that Mr. Thompson was aware

of the test results. Within hours of this discovery, Ms. Tiedemann indicated that Mr.

Cleary viewed Mr. Thompson, the only non-white member of the second crew, as a

“loose cannon.”

25.

On or around July 3, 2018, Ms. Tiedemann directed two non-white Tandem

employees to dispose of 4-5 units of material from Sylvan Highlands at Tandem’s

Commons at Timber Creek property. As it turned out, the material included the

asbestos-laden sheetrock; however, neither employee was provided proper training

or protective gear. The two employees were instructed to dispose of the material at

Timber Creek, because the Timber Creek property is in Washington County, which

has less regulations related to disposal of materials.

Page 10: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 10 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

26.

On or around July 12, 2018, Mr. Thompson was called in to meet with two

property managers, Eric Dressler and Katelynn Dixon, and Ms. Tiedemann’s new

assistant, Brittany O’Reilly, in Mr. Dressler’s office. Mr. Thompson was quickly

informed that the company is an “at-will employer” and Tandem was ending its

working relationship with Mr. Thompson, effective immediately. Mr. Thompson

asked for clarification, and Mr. Dressler stated he did not have to give a reason and

gave Mr. Thompson his final paycheck. As Mr. Thompson was walking out the door,

Ms. O’Reilly informed him that he did not have to move out of his apartment he

leased with Tandem since his fiancée, Ms. DeWeese, still worked for Tandem.

27.

That same day, realizing Tandem appeared to intend to engage in an asbestos

cover-up, Mr. Thompson reported the asbestos issue to OSHA and the Bureau of

Labor & Industries (BOLI).

28.

On or around July 10, 2018, Ms. Tiedemann directed two employees to finish

cleaning the asbestos-contaminated apartments, without notifying them of the

asbestos finding, and without provided them proper training or protective gear.

Page 11: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 11 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29.

On or around July 13, 2018, an OSHA investigator arrived to inspect

Tandem’s Commons at Sylvan Highlands property. Later that day, Mr. Thompson

arrived home to find an eviction notice on his apartment door, demanding he vacate

his residence by July 31, 2018.

30.

Throughout the week that followed, Ms. DeWeese was asked by several

coworkers for information about what was going on, because it was well-known in

the workplace that Mr. Thompson had been fired.

31.

Within a few days, Tandem tested Ms. DeWeese’s loyalty by requesting that

Ms. DeWeese help Tandem engage in apparent intimidation and retaliation against

an employee aware of the asbestos test result. On or around July 17, 2018, Ms.

Tiedmann learned that Ms. DeWeese would not carry out the directive.

32.

The next day, on or around July 18, 2018, Ms. DeWeese provided Tandem with

a 30-day notice that she would vacate the apartment she rented with Tandem and

return her keys by July 31, 2018.

33.

On or around July 23, 2018, Ms. DeWeese arrived to work and was met by Ms.

Tiedemann. Ms. DeWeese was immediately given her final paycheck by Ms.

Tiedemann and told that she was being let go.

Page 12: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 12 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

34.

Shortly after Ms. DeWeese sent her 30-day notice to vacate her apartment to

Tandem, she received a letter from the manager acknowledging receipt of her notice

that stated that if Ms. DeWeese would like to continue renting the garage portion of

her rental, she could do so as long as she paid market rent of $150 effective August

1, 2018 and continuing monthly thereafter. On or around July 30, 2018, OSHA

notified Tandem that material at their property was contaminated with asbestos.

The next day, July 31, 2018, during the scheduled walk through of her apartment,

Tandem decided Ms. DeWeese would no longer be able to rent the garage and she

was told she needed to vacate the garage by the end of that same day. Ms. DeWeese

was storing important personal belongings in the garage that would take time to

move. Ms. DeWeese was told that if she did not return possession of the garage by

the end of that day, Tandem would consider her belongings abandoned property and

move forward with clearing out the garage and disposing of her property. Following

the confirmation of asbestos presence at the Tandem property, Tandem failed to

properly notify residents or employees, exposing them to dangerous, cancer-causing

substances. On or around August 2018, Ms. Tiedemann instructed a Tandem

employee to falsify documents related to the occupancy of the asbestos-contaminated

apartments. Ms. Tiedemann indicated the documents were to be used in connection

with the renovation loan Tandem had applied for, although these false documents

may also have been for the purpose of providing to OSHA investigators.

Page 13: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 13 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

35.

CLAIMS FOR RELIEF

Claim One Retaliation – ORS 654.062

(Mr. Thompson against Tandem)

Oregon law prohibits corporations from discriminating against an employee

because the employee (a) is about to testify in a proceeding related to the Oregon

Safe Employment Act, (b) opposed an unsafe or unhealthful work environment, (c)

reported in good faith conduct that created an unsafe or unhealthy workplace

environment, or (d) exercised rights related to a safe work environment. See, e.g.,

ORS 654.020 (prohibiting interference with the use of any process adopted for the

protection of any employee in such employment or place of employment); ORS

654.010 (mandating that Oregon employers provide a safe and healthful work

environment); ORS 654.020 (prohibiting interference with processes adopted for the

protection of employees); ORS 654.022 (mandating that Oregon employers obey and

comply with Oregon health and safety regulations); ORS 654.062(1) (mandating

employees notify employer of violations pertaining to safety), et seq.

Page 14: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 14 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

36.

In perpetrating the behavior described in this complaint, Tandem, acting

through its agents and employees, discriminated against Mr. Thompson in the terms

and conditions of his employment in retaliation for Mr. Thompson’s acts of opposing

an unsafe environment and reporting information pertaining to Oregon health and

safety regulations, as set forth in ORS 654, OAR 839-004-0001, et seq.

37.

By retaliating against Mr. Thompson in this manner, Tandem violated ORS

654.062 and OAR 839-004-0001 et seq., causing harm to Mr. Thompson.

38.

As a direct and proximate result of Tandem’s behavior and choices, Mr.

Thompson has suffered and will continue to suffer economic losses and severe

ongoing emotional and mental harm in an amount to be decided by the jury at trial

not to exceed $20 million. Tandem’s behavior as alleged in this complaint shows a

reckless and outrageous indifference to a highly unreasonable risk of harm and a

conscious indifference to the health, safety and welfare of others. Accordingly, Mr.

Thompson intends to amend his complaint to include a claim for punitive damages

not to exceed $180 million against Tandem. Under ORS 20.107 and ORS 659A.885,

Mr. Thompson is entitled to reimbursed expenses, fees, and costs. Mr. Thompson

also seeks equitable relief including an injunction stopping Tandem from engaging

in any employment practice which discriminates on the bases as alleged in this

complaint.

Page 15: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 15 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

39.

Claim Two Retaliation – ORS 659A.030

(Mr. Thompson against Tandem)

Tandem’s behavior as alleged in this complaint violated ORS 659A.030(1)(f)

because Tandem treated Mr. Thompson adversely with respect to compensation and

other terms of employment by terminating Mr. Thompson, and Mr. Thompson’s

perceived and actual opposition to unlawful practices was a substantial factor in

Tandem’s adverse treatment.

40.

In perpetrating the behavior described in this complaint, Tandem violated

ORS 659A.030(1)(f) by subjecting Mr. Thompson to discrimination on the basis of

Mr. Thompson’s perceived and actual opposition to unlawful practices, causing harm

to Mr. Thompson. Mr. Thompson re-alleges his request for equitable relief and fair

compensation and reimbursed expenses, fees, and costs against Tandem.

Page 16: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 16 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

41.

Claim Three Race Discrimination – ORS 659A.030

(Mr. Thompson against Tandem)

Tandem’s behavior as alleged in this complaint violated ORS 659A.030(1)(a)

and (b) because Tandem treated Mr. Thompson adversely with respect to

compensation and other terms of employment by terminating Mr. Thompson, and

Mr. Thompson’s race was a substantial factor in Tandem’s adverse treatment.

42.

In perpetrating the behavior described in this complaint, Tandem violated

ORS 659A.030(1)(a) and (b) by subjecting Mr. Thompson to discrimination on the

basis of Mr. Thompson’s race, causing harm to Mr. Thompson. Mr. Thompson re-

alleges his request for equitable relief and fair compensation and reimbursed

expenses, fees, and costs against Tandem.

Page 17: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 17 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

43.

Claim Four Wrongful Termination in Violation of Public Policy

(Mr. Thompson against Tandem)

The public policy of Oregon prohibits a corporation from retaliating and

discriminating against an employee in the terms and conditions of their employment

for opposing unlawful practices. The public policy of Oregon also prohibits a

corporation from retaliating and discriminating against an employee in the terms

and conditions of their employment because the employee has knowledge of the

corporation’s wrongdoing and the corporation desires to silence and discredit that

employee, and prevent the employee from cooperating with OSHA.

44.

This public policy is found in the common law, statutes, and regulations of the

State of Oregon and the United States including, but not limited to ORS 659A.199,

OAR 839-010-0000 et seq., ORS 654.062, and OAR 839-004-0000 et seq.

45.

Tandem, acting through its agents and employees, violated these public

policies by discriminating and retaliating against Mr. Thompson, causing harm to

Mr. Thompson. Mr. Thompson re-alleges his request for equitable relief and fair

compensation and reimbursed expenses, fees, and costs against Tandem.

Page 18: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 18 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

46.

Claim Five Aiding and Abetting – ORS 659A.030(1)(g)

(Mr. Thompson against Mr. Clarey)

Mr. Clarey violated ORS 659A.030(1)(g) by aiding, abetting, inciting,

compelling or coercing unlawful discrimination and retaliation against Mr.

Thompson, by inciting and compelling agents and employees of Tandem to take

adverse actions against Mr. Thompson because of his protected activities, as alleged

in this complaint.

47.

As a direct and proximate result of Mr. Clarey’s behavior and choices, Mr.

Thompson has suffered and will continue to suffer economic losses and severe

ongoing emotional and mental harm in an amount to be decided by the jury at trial

not to exceed $20 million. Mr. Clarey’s behavior as alleged in this complaint shows

a reckless and outrageous indifference to a highly unreasonable risk of harm and a

conscious indifference to the health, safety and welfare of others. Accordingly, Mr.

Thompson intends to amend his complaint to include a claim for punitive damages

not to exceed $180 million against Mr. Clarey. Under ORS 20.107 and ORS

659A.885, Mr. Thompson is entitled to reimbursed expenses, fees, and costs. Mr.

Thompson also seeks equitable relief including an injunction stopping Mr. Clarey

from engaging in any employment practice which discriminates on the bases as

alleged in this complaint.

Page 19: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 19 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

48.

Claim Six Aiding and Abetting – ORS 659A.030(1)(g) (Mr. Thompson against Ms. Tiedemann)

Ms. Tiedemann violated ORS 659A.030(1)(g) by aiding, abetting, inciting,

compelling or coercing unlawful discrimination and retaliation against Mr.

Thompson, by inciting and compelling agents and employees of Tandem to take

adverse actions against Mr. Thompson because of his protected activities, as alleged

in this complaint.

49.

As a direct and proximate result of Ms. Tiedemann’s behavior and choices, Mr.

Thompson has suffered and will continue to suffer economic losses and severe

ongoing emotional and mental harm in an amount to be decided by the jury at trial

not to exceed $20 million. Ms. Tiedemann’s behavior as alleged in this complaint

shows a reckless and outrageous indifference to a highly unreasonable risk of harm

and a conscious indifference to the health, safety and welfare of others. Accordingly,

Mr. Thompson intends to amend his complaint to include a claim for punitive

damages not to exceed $180 million against Ms. Tiedemann. Under ORS 20.107 and

ORS 659A.885, Mr. Thompson is entitled to reimbursed expenses, fees, and costs.

Mr. Thompson also seeks equitable relief including an injunction stopping Ms.

Tiedemann from engaging in any employment practice which discriminates on the

bases as alleged in this complaint.

Page 20: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 20 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

50.

Claim Seven Wrongful Termination in Violation of Public Policy

(Ms. DeWeese against Tandem)

The public policy of Oregon prohibits a corporation from retaliating and

discriminating against an employee in the terms and conditions of her employment

for pursuing her right to associate with an individual that opposed and reported

information in good faith to their employer of a violation of a state or federal law,

rule, or regulation. The public policy of Oregon prohibits a corporation from

retaliating and discriminating against an employee in the terms and conditions of

her employment because the corporation believed the employee would engage in

protected activity, including reporting violations of law, in order to prevent an

employee from engaging in protected activity.

51.

This public policy is found in the common law, statutes, and regulations of the

State of Oregon and the United States including, but not limited to ORS 659A.199,

OAR 839-010-0000 et seq., ORS 654.062, and OAR 839-004-0000 et seq.

52.

Tandem, acting through its agents and employees, violated these public

policies by discriminating and retaliating against Ms. DeWeese as alleged in this

complaint, causing harm to Ms. DeWeese.

Page 21: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 21 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

53.

As a direct and proximate result of Tandem’s behavior and choices, Ms.

DeWeese has suffered and will continue to suffer economic losses and severe ongoing

emotional and mental harm in an amount to be decided by the jury at trial not to

exceed $20 million. Tandem’s behavior as alleged in this complaint shows a reckless

and outrageous indifference to a highly unreasonable risk of harm and a conscious

indifference to the health, safety and welfare of others. Accordingly, Ms. DeWeese

intends to amend her complaint to include a claim for punitive damages not to exceed

$180 million against Tandem. Under ORS 20.107 and ORS 659A.885, Ms. DeWeese

is entitled to reimbursed expenses, fees, and costs. Ms. DeWeese also seeks equitable

relief including an injunction stopping Tandem from engaging in any employment

practice which discriminates on the bases as alleged in this complaint.

Page 22: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 22 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

54.

Claim Eight Familial Status Discrimination – ORS 659A.030(1)(a)-(b)

(Ms. DeWeese against Tandem)

ORS 659A.030(1)(a)-(b) says that it is an unlawful practice for a corporation,

on the basis of marital status, “to refuse to hire or employ the individual or to bar or

discharge the individual from employment” or “to discriminate against the

individual in compensation or in terms, conditions or privileges of employment.”

55.

Tandem violated ORS 659A.030(1)(a)-(b) by terminating Ms. DeWeese on the

basis of her marital status, causing harm to Ms. DeWeese. Ms. DeWeese re-alleges

her request for equitable relief and fair compensation and reimbursed expenses, fees,

and costs against Tandem.

Page 23: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 23 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

56.

Claim Nine Retaliation – ORS 654.062

(Ms. DeWeese against Tandem)

Oregon law prohibits corporations from discriminating against an employee

because the employee (a) is about to testify in a proceeding related to the Oregon

Safe Employment Act, (b) opposed an unsafe or unhealthful work environment, (c)

reported in good faith conduct that created an unsafe or unhealthy workplace

environment, or (d) exercised rights related to a safe work environment. See, e.g.,

ORS 654.020 (prohibiting interference with the use of any process adopted for the

protection of any employee in such employment or place of employment); ORS

654.010 (mandating that Oregon employers provide a safe and healthful work

environment); ORS 654.020 (prohibiting interference with processes adopted for the

protection of employees); ORS 654.022 (mandating that Oregon employers obey and

comply with Oregon health and safety regulations); ORS 654.062(1) (mandating

employees notify employer of violations pertaining to safety), etc.

57.

In perpetrating the behavior described in this complaint, Tandem, acting

through its agents and employees, discriminated against Ms. DeWeese in the terms

and conditions of her employment in retaliation for Ms. DeWeese’s acts of opposing

an unsafe environment and reporting information pertaining to Oregon health and

safety regulations, as set forth in ORS 654, OAR 839-004-0001, etc.

Page 24: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 24 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

58.

By retaliating against Ms. DeWeese in this manner, Tandem violated ORS

654.062 and OAR 839-004-0001 et seq., causing harm to Ms. DeWeese. Ms. DeWeese

re-alleges her request for equitable relief and fair compensation and reimbursed

expenses, fees, and costs against Tandem.

Page 25: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 25 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

59.

Claim Ten Aiding and Abetting – ORS 659A.030(1)(g)

(Ms. DeWeese against Mr. Clarey)

Mr. Clarey violated ORS 659A.030(1)(g) by aiding, abetting, inciting,

compelling or coercing unlawful discrimination and retaliation against Ms.

DeWeese, by inciting and compelling agents and employees of Tandem to take

adverse actions against Ms. DeWeese because of her association with Mr. Thompson,

following Mr. Thompson’s protected activities.

60.

As a direct and proximate result of Mr. Clarey’s behavior and choices, Ms.

DeWeese has suffered and will continue to suffer economic losses and severe ongoing

emotional and mental harm in an amount to be decided by the jury at trial not to

exceed $20 million. Mr. Clarey’s behavior as alleged in this complaint shows a

reckless and outrageous indifference to a highly unreasonable risk of harm and a

conscious indifference to the health, safety and welfare of others. Accordingly, Ms.

DeWeese intends to amend her complaint to include a claim for punitive damages

not to exceed $180 million against Mr. Clarey. Under ORS 20.107 and ORS

659A.885, Ms. DeWeese is entitled to reimbursed expenses, fees, and costs. Ms.

DeWeese also seeks equitable relief including an injunction stopping Mr. Clarey

from engaging in any employment practice which discriminates on the bases as

alleged in this complaint.

Page 26: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 26 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

61.

Claim Eleven Aiding and Abetting – ORS 659A.030(1)(g)

(Ms. DeWeese against Ms. Tiedemann)

Ms. Tiedemann violated ORS 659A.030(1)(g) by aiding, abetting, inciting,

compelling or coercing unlawful discrimination and retaliation against Ms.

DeWeese, by inciting and compelling agents and employees of Tandem to take

adverse actions against Ms. DeWeese because of her association with Mr. Thompson,

following Mr. Thompson’s protected activities.

62.

As a direct and proximate result of Ms. Tiedemann’s behavior and choices, Ms.

DeWeese has suffered and will continue to suffer economic losses and severe ongoing

emotional and mental harm in an amount to be decided by the jury at trial not to

exceed $20 million. Ms. Tiedemann’s behavior as alleged in this complaint shows a

reckless and outrageous indifference to a highly unreasonable risk of harm and a

conscious indifference to the health, safety and welfare of others. Accordingly, Ms.

DeWeese intends to amend her complaint to include a claim for punitive damages

not to exceed $180 million against Ms. Tiedemann. Under ORS 20.107 and ORS

659A.885, Ms. DeWeese is entitled to reimbursed expenses, fees, and costs. Ms.

DeWeese also seeks equitable relief including an injunction stopping Ms. Tiedemann

from engaging in any employment practice which discriminates on the bases as

alleged in this complaint.

Page 27: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 27 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

63.

REQUEST FOR JURY TRIAL

Mr. Thompson and Ms. DeWeese request a trial by a jury of their peers.

64.

PRAYER FOR RELIEF

Mr. Thompson and Ms. DeWeese respectfully request orders and judgments

in their favor against defendants for equitable and injunctive relief, reimbursed

expenses, fees, costs, pre and post judgment interest, and fair compensation in an

amount to be decided by the jury not to exceed $40 million.

Mr. Thompson and Ms. DeWeese intend to amend this complaint so the jury

may allow additional punitive damages in an amount not to exceed $360 million.

September 17, 2018

RESPECTFULLY FILED,

/s/ Michael Fuller Michael Fuller, OSB No. 09357 Lead Trial Attorney for Plaintiffs OlsenDaines US Bancorp Tower 111 SW 5th Ave., Suite 3150 Portland, Oregon 97204 [email protected] Direct 503-743-7000

(additional counsel on next page)

Page 28: IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR …media.oregonlive.com/portland_impact/other/asbetos.tandem.suit.pdfTiedemann also acted as supervisor of Ms. DeWeese in the course

COMPLAINT – Page 28 of 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Rex Daines, OSB No. 952442 Kelly Jones, OSB No. 074217 Of Attorneys for Plaintiffs Of Attorneys for Plaintiffs OlsenDaines The Law Office of Kelly Jones [email protected] [email protected]

Christina Stephenson, OSB No. 102287 Alina Salo, OSB No. 164746 Of Attorneys for Plaintiffs Of Attorneys for Plaintiffs Meyer Stephenson Meyer Stephenson [email protected] [email protected]

PROOF OF MAILING

I caused a copy of this complaint to be mailed to the following: Occupational Safety & Health Administration 200 Constitution Avenue, NW, Room N3626 Washington, D.C. 20210 Oregon Occupational Safety and Health 350 Winter St NE, 3rd Floor Salem, Oregon 97309-0405 Chairperson Deborah Kafoury Board of County Commissioners 501 SE Hawthorne Blvd, Suite 600 Portland, Oregon 97214-3587 September 17, 2018 /s/ Michael Fuller

Michael Fuller, OSB No. 09357 Lead Trial Attorney for Plaintiffs OlsenDaines US Bancorp Tower 111 SW 5th Ave., Suite 3150 Portland, Oregon 97204 [email protected] Direct 503-743-7000