Pressnall Lawsuit

8/18/2016 4:18:48 PM
16CV27386
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF MARION
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LARRY PRESSNALL,
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Plaintiff,
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v.
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STATE OF OREGON; OREGON STATE )
HOSPITAL; OREGON HEALTH
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AUTHORITY; DEPARTMENT OF
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HUMAN SERVICES; GREG ROBERTS, )
an individual; LUZ BARELA-BORST, an )
individual,
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Defendants.
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___________________________________ )
Case No. 16CV27386

COMPLAINT
State law claims for violations of Minimum
Wage Compensation laws; Failure to Timely
Pay Wages Due and Owing Upon Termination
of Employment; Race, Color, Religion and
National Origin Discrimination, and related
Retaliation; Whistleblower Discrimination, and
related Retaliation, ORS 652.110, et seq.; ORS
653.010, et seq.; ORS 659A.001, et seq.; ORS
659A.199, et seq.; ORS 569A.203; Wrongful
Discharge in Violation of Public Policy.
(JURY TRIAL REQUESTED)
$900,000 DEMANDED (ORS 21.160(C))
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PRELIMINARY STATEMENT
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1.
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Plaintiff Larry Pressnall (hereinafter referred to as plaintiff) Plaintiff asserts claims for
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wage and hour violations, including minimum wage violations and failure to timely pay wages
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due and owing upon termination of employment, under state law, ORS 652.110, et seq; 653.010,
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et seq. Plaintiff asserts claims for race, color, religion and national original discrimination, and
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related retaliation, state law, ORS 659A.001, et seq. Plaintiff asserts claims for whistleblower
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discrimination, and related retaliation, under state law, ORS 659A.199, et seq. Plaintiff asserts
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claims for wrongful discharge in violation of public policy. Finally, plaintiff asserts claims for
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aiding and abetting race, color, religious, national origin, and whistleblower discrimination, and
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Page 1 of 18 COMPLAINT
LAW OFFICE OF JON H. WEINER

Attorneys at Law
1415 Commercial Street SE
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745
related retaliation, against Greg Roberts and Luz Borela-Borst under state law, ORS 659A.030.
Plaintiff demands a jury trial. The allegations set forth below apply to all times relevant
without regard to whether those allegations are set forth in the present or past tense.
JURISDICTION
2.
This action is filed pursuant to ORS 12.220. Plaintiff asserted the claims asserted herein,
along with certain federal claims, in United States District Court case 6:15-cv-01642-AA. Upon
the States motion, these state law claims were involuntarily dismissed (without prejudice) on the
basis of 11th Amendment immunity. The Federal District Courts Opinion and Order dismissing
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these claims without prejudice was entered February 23, 2016. This action is timely filed under
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ORS 12.220.
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VENUE
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3.
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Venue is appropriate in this Court because the events giving rise to this complaint
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occurred in Marion County, Oregon. Plaintiff is a resident of Marion County, Oregon, and
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defendant Oregon State Hospital is located in Marion County, Oregon
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4.
At all times relevant, defendants Oregon State Hospital (a state entity), Oregon Health
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Authority (a state entity), Department of Human Services (a state entity) and the State of Oregon
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(hereinafter referred to as OSH) employed plaintiff at Oregon State Hospital in Salem Oregon,
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located in Marion County, Oregon. OSH conducted regular, substantial, and sustained business
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activity in the State of Oregon, including but not limited to Marion County. OSH is a public
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employer.
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Attorneys at Law
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745
FACTUAL ALLEGATIONS
5.
Plaintiff timely filed a Tort Claims Notice with defendants and has complied with the
notice requirements of Oregons Tort Claims Act (ORS 30.275). Plaintiff timely filed
discrimination charges with the Oregon Bureau of Labor and Industries (BOLI) and the Equal
Employment Opportunity Commission (EEOC). Plaintiff received a right-to-sue letter from each
entity and timely filed suit within the 90-day limitations period set forth therein. Plaintiff has
exhausted his administrative remedies under state and federal law.
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6.
OSH employed 15 or more individuals for each working day during each of 20 or more
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calendar workweeks during each year of plaintiffs employment with OSH. OSH is an employer
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subject to the requirements of Title VII and state anti-discrimination and anti-retaliation laws.
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Plaintiff was an employee entitled to the protection of those laws. OSH is an employer subject to
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the requirements of the FLSA and state wage and hour laws. Plaintiff was an employee entitled
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to the protection of those laws.
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7.
Plaintiff was hired by OSH in or around October, 2010. For the duration of his
employment he held the position of Native American Services Provider.
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8.
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Plaintiff is of Native American heritage and a member of the federally recognized
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Chehalis Tribe. He is of Native American race and national origin. His religious beliefs are
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consistent with his Native American heritage, race, and national origin. This information was
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known to OSH, its employees and agents.
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Attorneys at Law
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745
9.
As a Native American Service Provider, plaintiff assisted OSH in its efforts to provide
spiritually/religiously and culturally appropriate Native American services to its patients. His
duties included, but were not limited to, facilitating and/or overseeing the following: drumming,
singing, smudging, honorings, blessings, fire-tending, storytelling, presiding over sweat lodge
ceremonies, overseeing White Bison Red Road Groups, providing drug and alcohol counseling,
providing educational consultation through workshops and other means, and other Native
Spiritual Elder services.
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10.
Over the course of plaintiffs employment he was discriminated against by OSH, and its
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employees and agents, who failed to treat him with appropriate respect and cultural sensitivity.
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This disrespect and cultural insensitivity included, but was not limited to the following:
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A) Discounting the sacredness of Native American ceremonies and ceremonial objects;
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B) Discrediting plaintiffs statements and teachings;
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C) Interfering with plaintiffs teachings and efforts to provide education regarding
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spiritually and culturally appropriate Native American practices

D) Regularly addressing plaintiff in a condescending manner.
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Furthermore, OSH, its employees and agents attempted to inappropriately limit and
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control the nature and extent of plaintiffs Native American teachings. Plaintiff voiced his
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dissatisfaction with the aforementioned behaviors to OSH, its employees and agents, along with
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other conduct he reasonably believed to be discriminatory and unlawful under Title VII, and
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state and federal laws relating to Native Americans and Native American rights.
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Attorneys at Law
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745
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Over the course of plaintiffs employment, OSH failed to sufficiently and timely provide
him with all the compensation to which he was entitled. Plaintiff would go months without
receiving payment for his services, despite submitting the required documentation for work
performed in a timely and appropriate manner. In 2013, plaintiff went approximately eight
months without receiving compensation from OSH. Plaintiff regularly brought these non-
payment issues to the attention of OSH, its employees and agents. Currently, plaintiff is owed
compensation for several months of work, which is due and owing yet remains unpaid following
the termination of his employment.
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13.
On or around May 22, 2014, Cynthia Prater (hereinafter referred to as Prater), OSH
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Native American Services Coordinator, attended an OSH Advisory Board Meeting in which
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Native American services was an item on the agenda. OSH did not inform Ms. Prater prior to
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the meeting that Native American services would be an agenda item. Rather, she learned the
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information from a second-hand source. During the meeting, Ms. Prater vocalized numerous
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disagreements she had regarding OSHs Native American services and its efforts to replace her
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in her position, and opposed practices she reasonably believed to violate state law, Title VII, and
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federal laws relating to Native American and Native American rights. She voiced these opinions
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to OSH Superintendent Greg Roberts (hereinafter referred to as Roberts).
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14.
Prater was plaintiffs colleague and his closest point of contact within OSH. The two
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collaborated closely on the administration and implementation of appropriate Native American
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services at OSH as well as their opposition to OSHs apparent attempts to marginalize and
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Attorneys at Law
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745
inhibit their efforts, and engage in conduct they reasonably believed to be unlawful under the
aforementioned laws and regulations. In addition, Prater frequently spoke up on plaintiffs
behalf regarding the non-payment of his wages. Their close, collaborative working relationship
was well known to OSH, its employees and agents.
15.
On or around May 23, 2014, plaintiff and Prater received letters from OSHs Human
Resources Department stating that OSH would be starting a file on plaintiff, and that the file
would include an unsubstantiated allegation of verbal abuse from the previous year. On or
around May 27, 2014, Prater was terminated.
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16.
Following Praters termination, Lux Barela-Borst (hereinafter referred to as Barela-
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Borst) took over as plaintiffs supervisor. Following Praters termination, plaintiff was
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subjected to increased adverse treatment. Barela-Borst aided and abetted in this treatment. In
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addition, on at least one occasion, Roberts attended a Native American ceremony plaintiff was
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leading, and corrected him on how to conduct the ceremony. Following Praters termination,
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numerous meetings were held regarding OSHs Native American services programs. Plaintiff
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attended these meetings and spoke out against proposed harmful changes to the OSH Native
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American programs. Plaintiff was the only Native American present at these meetings. Such
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changes to the programs were implemented in spite of plaintiffs opposition to them.
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On or around July 21, 2014, OSH Security Supervisor Kenneth Wolfe contacted the
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Oregon State Police and purportedly reported that plaintiff had possibly sexually assaulted an
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OSH patient. The allegation related to acts plaintiff had engaged in during a Native American
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Attorneys at Law
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745
smudging ceremony, in the presence of numerous witnesses and with the full consent of the
alleged victim. Around this time, plaintiff was told not to return to work until notified otherwise.
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Oregon State Police conducted an investigation into whether plaintiff had engaged in
sexual assault or harassment. Plaintiff was interviewed, along with the alleged victim, and the
alleged victim denied that plaintiff had engaged in any wrongdoing. On or around October 8,
2014, Oregon State Police concluded that the allegation against plaintiff was unfounded.
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OSH purportedly did not conclude its investigation until on or around November 10,
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2014, approximately four months after the alleged incident and one month after the Oregon State
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Police concluded its investigation. OSH concluded that the allegation against plaintiff was
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unsubstantiated. On or around November 11, 2014, a letter signed by Roberts, relaying this
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information, was mailed to plaintiff. The letter, which noted that plaintiff was alleged to have
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sexually abused a patient by having contact that was of a sexual nature, was unnecessarily
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disseminated to at least eight other individuals. The allegation had previously been described as
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assault or harassment.
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20.
To date, plaintiff has not been returned to employment with OSH. Plaintiff had worked
for OSH since July, 2014, but has been actually or constructively discharged.
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FIRST CLAIM VIOLATIONS OF STATE WAGE AND HOUR LAWS
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Against Defendants OSH
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(Count 1 Violation of Minimum Wage Laws)
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21.
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Attorneys at Law
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745
Plaintiff incorporates and re-alleges paragraphs 1 through 20 by this reference. Pursuant
to ORS 653.055: Any employer who pays an employee less than the wages to which the
employee is entitled under ORS 653.010 to 653.261 is liable to the employee affected: (a) For
the full amount of the wages, less any amount actually paid to the employee by the employer;
and (b) For civil penalties provided in ORS 652.150. Pursuant to ORS 653.025, for each hour
of work time that the employee is gainfully employed, no employer shall employ or agree to
employ any employee at wages computed at a rate lower than[f]or calendar years after 2003, a
rate adjusted for inflation. Oregon minimum wage was at the following rates for the years of
2007-2013: $7.80 (2007), $7.95 (2008), $8.40 (2009 & 2010), $8.50 (2011), $8.80 (2012), $8.95
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(2013). OSH willfully violated these provisions when they failed to pay plaintiff at least
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minimum wages for all hours worked.
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Pursuant to ORS 653.025 and 653.055, plaintiff is entitled to compensation for his unpaid
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minimum wages, in an amount to be determined at trial. Pursuant to ORS 653.055 and ORS
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652.150, he is also entitled to penalty wages. Pursuant to ORS 653.055(4) and ORS 652.200,
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plaintiff is also entitled to his reasonable costs and attorney fees.
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(Count 2 - Failure to Pay Wages Upon Termination of Employment)
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23.
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Plaintiff incorporates and re-alleges paragraphs 1 through 22 by this reference. Pursuant
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to ORS 652.140, an employee is entitled to all wages unpaid and owing at termination of
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employment. Pursuant to ORS 652.150, an employee is entitled to payment of those wages and
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up to 30 days penalty wages in addition to reasonable attorney fees and costs (penalty wages
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being defined as eight hours pay for each day that wages remain unpaid, subject to a cap of 30
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Attorneys at Law
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745
days penalty wages).
24.
At the time of the termination of his employment with OSH, plaintiff was owed unpaid
minimum wage compensation under the FLSA and state wage and hour laws. That compensation
was not timely paid upon termination of his employment, as required under ORS 652.140 and ORS
652.150.
25.
Pursuant to ORS 652.140 and ORS 652.150, plaintiff is entitled to payment of his unpaid
minimum wage compensation, plus 30 days penalty wages, all in an amount to be determined at
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trial. Pursuant to ORS 652.200, plaintiff is also entitled to his reasonable costs and attorney fees.
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SECOND CLAIM STATE DISCRIMINATION/RETALIATION VIOLATIONS
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Against All Defendants
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(Count 1 Race, Color, Religion, National Origin Discrimination Disparate Treatment

Against Defendant OSH)
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Plaintiff incorporates and re-alleges paragraphs 1 through 25 by this reference.
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According to ORS 659A.030(1)(a) and (b), it is an unlawful employment practice, for an
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employer, because of an individuals race, color, color, sex, sexual orientation, national origin,
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marital status or age if the individual is 18 years of age or older, . . . to refuse to hire or employ
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or to bar or discharge from employment such individual [or] . . . to discriminate against such an
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individual in compensation or in terms, conditions, or privileges of employment.
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27.
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Defendants OSH violated this statute when they subjected plaintiff to disparate treatment
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based on his Native American-related race, color, religion and national origin, disciplined,
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Attorneys at Law
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745
suspended and discharged him on that basis, and thereby adversely affected the compensation,
terms, conditions and/or privileges of his employment.
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28.
As a result of the aforementioned race, color, religion and/or national origin
discrimination, plaintiff requests equitable relief and economic damages, including back pay,
benefits, and front pay, in an amount to be determined at trial, along with compensatory damages
in an amount to be determined at trial.
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29.
Pursuant to ORS 659A.885, plaintiff is entitled to reasonable attorney fees and costs in
this action.
(Count 2 Race, Color, Religion, National Origin Discrimination Harassment Against
Defendant OSH)
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30.
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Defendants OSH further violated ORS 659A.030(1)(a) and (b) when they subjected plaintiff to
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offensive and unwelcome conduct based on his Native American-related race, color, religion and
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national origin , conduct which was sufficiently severe and/or pervasive to constitute a hostile
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work environment and thereby alter the terms and conditions of Hirschs employment 18
culminating in plaintiffs discipline, suspension and discharge.
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As a result of the aforementioned race, color, religion and/or national origin
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discrimination, plaintiff requests equitable relief and economic damages, including back pay,
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benefits, and front pay, in an amount to be determined at trial, along with compensatory damages
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in an amount to be determined at trial.
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Attorneys at Law
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745
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32.
this action.
(Count 3 Retaliation for Opposing Race, Color, Religion, National Origin Discrimination
Against Defendant OSH)
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33.
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According to ORS 659A.030(1)(f) it is an unlawful employment practice for an employer to
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discharge, expel or otherwise discriminate against any person who has opposed any unlawful
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employment practice, or has filed a complaint, testified or assisted in any proceeding under
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ORS chapter 659A or has attempted to do so.
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34.
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Defendants OSH violated this statute when they subjected plaintiff to disparate treatment
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and harassment in retaliation for his opposition to discrimination based on his Native American14
related race, color, religion and national origin, disciplined, suspended and discharged him on
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that basis, and thereby adversely affected the compensation, terms, conditions and/or privileges
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of plaintiffs employment.
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35.
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As a result of the aforementioned retaliation, plaintiff requests equitable relief and
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economic damages, including back pay, benefits, and front pay, in an amount to be determined at
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trial, along with compensatory damages in an amount to be determined at trial.
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36.
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this action.
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Attorneys at Law
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745
(Count 4 Whistleblower Discrimination Against Defendant OSH)
37.
Plaintiffs incorporate and re-allege paragraphs 1 through 36 by this reference. Pursuant
to ORS 659A.199, It is an unlawful employment practice for an employer to discharge, demote,
suspend or in any manner discriminate or retaliate against an employee with regard to promotion,
compensation or other terms, conditions or privileges of employment for the reason that the
employee has in good faith reported information that the employee believes is evidence of a
violation of a state or federal law, rule or regulation. Pursuant to ORS 659A.203(1)(b)(A), It is
an unlawful employment practice for any public employer to prohibit any employee from
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disclosing, or take or threaten to take disciplinary action against an employee for the disclosure
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of any information that the employee reasonably believes is evidence of a violation of any
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federal or state law, rule or regulation by the state, agency or political subdivision.
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38.
Defendants OSH violated these statutes when they subjected plaintiff to discrimination
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on the basis of his reporting of information he reasonably believed to be evidence of OSHs
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violation of state and federal laws regarding Native Americans and OSHs duty to accommodate
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and provide services to Native Americans, disciplined, suspended and discharged him on that
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basis, and thereby adversely affected the compensation, terms, conditions and/or privileges of his
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employment.
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39.
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As a result of the aforementioned whistleblower discrimination, plaintiff requests
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equitable relief and economic damages, including back pay, benefits, and front pay, in an amount
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Attorneys at Law
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745
to be determined at trial, along with compensatory damages in an amount to be determined at
trial.
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this action.
(Count 5 Whistleblower Retaliation Against Defendant OSH)
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Plaintiffs incorporate and re-allege paragraphs 1 through 40 by this reference. Pursuant
to ORS 659A.203(1)(d), It is an unlawful employment practice for any public employer to
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discourage, restrain, dissuade, coerce, prevent or otherwise interfere with disclosure or
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discussions described in this section.
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42.
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Defendants OSH violated this statute, along with ORS 659A.199, when it subjected
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plaintiff to retaliation on the basis of his reporting of information he reasonably believed to be
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evidence of OSH violations of state and federal laws regarding Native Americans and OSHs
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duty to accommodate and provide services to Native Americans , disciplined, suspended and
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discharged him on that basis, and thereby adversely affected the compensation, terms, conditions
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and/or privileges of his employment.
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43.
As a result of the aforementioned whistleblower retaliation, plaintiff requests equitable
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relief and economic damages, including back pay, benefits, and front pay, in an amount to be
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determined at trial, along with compensatory damages in an amount to be determined at trial.
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44.
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Attorneys at Law
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745
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this action.
(Count 6 Aiding and Abetting Race, Color, Religion, National Origin and Whistleblower
Discrimination and Retaliation against defendants Roberts and Barela-Borst)
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45.
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According to ORS 659A.030(1)(g) it is an unlawful employment practice for any person,
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whether an employer or an employee, to aid, abet, incite, compel or coerce the doing of any of
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the acts forbidden under [ORS 659A] or to attempt to do so.
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46.
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Defendants Roberts and Barela-Borst violated this statute when they aided and/or abetted
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defendants OSH in their race, color, religion, national origin and whistleblower discrimination,
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and retaliation for opposing the same, of plaintiff, disciplined, suspended and discharged him on
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that basis, and thereby adversely affected the compensation, terms, conditions and/or privileges
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of plaintiffs employment.
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47.
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As a result of the aforementioned aiding and abetting activities, plaintiff requests
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equitable relief and economic damages, including back pay, benefits, and front pay, in an amount
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to be determined at trial, along with compensatory damages in an amount to be determined at
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trial.
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48.
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Pursuant to ORS 659A.885, plaintiff is entitled to reasonable attorney fees and costs
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in this action.
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Attorneys at Law
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745
THIRD CLAIM WRONGFUL DISCHARGE IN VIOLATION OF PUBLIC POLICY
Against Defendants OSH
49.
Plaintiff incorporates and re-alleges paragraphs 1 through 48 by this reference. Plaintiff
was discharged, at least in part, on the basis of his reporting of information he reasonably
believed to be evidence of OSHs violation of state and federal laws regarding Native
Americans. Plaintiff had a social duty to report such information and was exercising important
state and federal rights in doing so. OSH discriminated and retaliated against plaintiff based on
these activities; suspending and ultimately discharging plaintiff, at least in part, upon that basis.
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OSHs actions violated public policy and have caused plaintiff harm. As a result, plaintiff is
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entitled to economic and economic damages in an amount to be determined at trial but not less
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than $900,000, and such other equitable relief as the Court may deem appropriate.
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WHEREFORE, Plaintiff requests the following for his claims for relief:
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1.
First Claim for Relief Against Defendants State of Oregon, Oregon State Hospital,
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Oregon Health Authority and Department of Human Services
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A. Count 1 Unpaid minimum wage compensation, and penalty wages, in an
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amount to be determined at trial, as well as any equitable relief deemed
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appropriate by the court, in addition to reasonable attorney fees and costs pursuant
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to ORS 652.150, ORS 652.200, 653.025 and 653.055.
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B. Count 2 Unpaid minimum wage compensation, and penalty wages, plus 30
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days penalty wages, all in an amount to be determined at trial, as well as any
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equitable relief deemed appropriate by the court, in addition to reasonable
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attorney fees and costs pursuant to ORS 652.200, ORS 652.140 and ORS
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Attorneys at Law
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745
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652.150.
2.
Second Claim for Relief Against all Defendants
A. Count 1 Against Defendants State of Oregon, Oregon State Hospital, Oregon
Health Authority and Department of Human Services Equitable relief and
economic damages, including back pay, lost benefits and front pay, in an amount
to be determined at trial but not less than $900,000, along with compensatory
damages, in an amount to be determined at trial, along with his reasonable costs
and attorney fees incurred in this matter pursuant to ORS 659A.885.
B. Count 2 Against Defendants State of Oregon, Oregon State Hospital, Oregon
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C. Count 3 Against Defendants State of Oregon, Oregon State Hospital, Oregon
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D. Count 4 Against Defendants State of Oregon, Oregon State Hospital, Oregon
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Attorneys at Law
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745
to be determined at trial but not less than $900,000, along damages, in an amount
to be determined at trial, along with his reasonable costs and attorney fees
incurred in this matter pursuant to ORS 659A.885.
E. Count 5 Against Defendants State of Oregon, Oregon State Hospital, Oregon
to be determined at trial, along with compensatory damages, in an amount to be
determined at trial but not less than $900,000, along with his reasonable costs and
attorney fees incurred in this matter pursuant to ORS 659A.885.

F. Count 6 Against Defendants Roberts and Barela-Borst Equitable relief and
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to be determined at trial, along with compensatory damages, in an amount to be
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determined at trial but not less than $900,000, along with his reasonable costs and
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attorney fees incurred in this matter pursuant to ORS 659A.885.
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3.
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Third Claim for Relief Against Defendants State of Oregon, Oregon State Hospital,
Oregon Health Authority and Department of Human Services
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Attorneys at Law
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745
A. Count 1 Economic and non-economic damages, in an amount to be determined
at trial but not less than $900,000, and such other equitable relief as the Court
may deem appropriate.
DATED this 18th day of August, 2016.
/s/Jon H. Weiner
Jon H. Weiner, OSB #993944
jweiner@nw-attorneys.com
1415 Commercial St SE
Salem, OR 97302
Tel: (503) 399-7001
Fax: (503) 399-0745
Of Attorneys for Plaintiff
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Attorneys at Law
Salem, Oregon 97302
Tel. (503)399-7001
Fax (503)399-0745

Pressnall Lawsuit

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8/18/2016 4:18:48 PM

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MARION

Case No. 16CV27386

LAW OFFICE OF JON H. WEINER

defendant Oregon State Hospital is located in Marion County, Oregon

LAW OFFICE OF JON H. WEINER

exhausted his administrative remedies under state and federal law.

to the protection of those laws.

Plaintiff is of Native American heritage and a member of the federally recognized

known to OSH, its employees and agents.

LAW OFFICE OF JON H. WEINER

Spiritual Elder services.

A) Discounting the sacredness of Native American ceremonies and ceremonial objects;

B) Discrediting plaintiffs statements and teachings;

C) Interfering with plaintiffs teachings and efforts to provide education regarding

spiritually and culturally appropriate Native American practices

LAW OFFICE OF JON H. WEINER

the termination of his employment.

to OSH Superintendent Greg Roberts (hereinafter referred to as Roberts).

collaborated closely on the administration and implementation of appropriate Native American

LAW OFFICE OF JON H. WEINER

aforementioned laws and regulations. In addition, Prater frequently spoke up on plaintiffs

was well known to OSH, its employees and agents.

around May 27, 2014, Prater was terminated.

changes to the programs were implemented in spite of plaintiffs opposition to them.

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FIRST CLAIM VIOLATIONS OF STATE WAGE AND HOUR LAWS

Against Defendants OSH

(Count 1 Violation of Minimum Wage Laws)

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Plaintiff incorporates and re-alleges paragraphs 1 through 20 by this reference. Pursuant

minimum wages for all hours worked.

plaintiff is also entitled to his reasonable costs and attorney fees.

(Count 2 - Failure to Pay Wages Upon Termination of Employment)

Plaintiff incorporates and re-alleges paragraphs 1 through 22 by this reference. Pursuant

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days penalty wages).

SECOND CLAIM STATE DISCRIMINATION/RETALIATION VIOLATIONS

Against All Defendants

(Count 1 Race, Color, Religion, National Origin Discrimination Disparate Treatment

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terms, conditions and/or privileges of his employment.

in an amount to be determined at trial.

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(Count 4 Whistleblower Discrimination Against Defendant OSH)

Plaintiffs incorporate and re-allege paragraphs 1 through 36 by this reference. Pursuant

to ORS 659A.199, It is an unlawful employment practice for an employer to discharge, demote,

violation of a state or federal law, rule or regulation. Pursuant to ORS 659A.203(1)(b)(A), It is

on the basis of his reporting of information he reasonably believed to be evidence of OSHs

As a result of the aforementioned whistleblower discrimination, plaintiff requests

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to be determined at trial, along with compensatory damages in an amount to be determined at

(Count 5 Whistleblower Retaliation Against Defendant OSH)

Plaintiffs incorporate and re-allege paragraphs 1 through 40 by this reference. Pursuant

to ORS 659A.203(1)(d), It is an unlawful employment practice for any public employer to

discourage, restrain, dissuade, coerce, prevent or otherwise interfere with disclosure or

discussions described in this section.

plaintiff to retaliation on the basis of his reporting of information he reasonably believed to be

and/or privileges of his employment.

determined at trial, along with compensatory damages in an amount to be determined at trial.

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