Most Oregon attorneys are ethical. A sexual harassment case out of Georgia, however, illustrates why being unethical is dumb and can be costly. After the employer presented a forged witness statement, the court struck all defenses, and let the case proceed on the question of how much money to pay the woman.
Terrible conduct started this case. The Chief Executive Officer of the financial company ran amok with sexual comments and groping of employees. The last straw for the woman, Evangelina Forsberg, was when James Penfanis (allegedly) reached around, grabbed her genitals, and proclaimed, in the presence of others, that she has a tiny vagina.
One of the coworkers / witnesses was David Popke. The company submitted a statement from Mr. Popke that he did not remember the conduct. However, when Ms. Forsberg's attorney tracked him down in another state, Mr. Popke said that he very much remembered what happened. Also, he remembered that the company asked him to sign the false statement, implying that his continued employment depended on it, but he refused to perjure himself. The court determined that the company perpetrated a fraud upon it, and struck defendant's answer and affirmative defenses, setting the case for trial. (61 FRD 694 (ND Ga. 2009))
Because of the physical contact, Ms. Forsberg sued for assault and battery against the Penfanis and the employer. The jury awarded $1 million on that claim plus $1 million in punitive damages. She sued the company for negligence in retaining Penfanis in his position of authority, and she won $100,000 plus $3 million in punitive damages for that claim. She also won awards for the sexual harassment and retaliation totaling another $550,000 plus $3 million in punitive damages.
The employer engaged in other questionable conduct in its attempt to avoid accountability, such as trying to shift assets. Fortunately, Ms. Forsberg and her attorney fought on, knowing that this guy and the corporation that enabled him should be taught a lesson.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234
