Fired employee awarded $836,780

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A former Kentucky Association of Counties employee, fired in 2005, has been awarded $836,780 in damages for wrongful termination.

In the Franklin Circuit Court civil case, a jury last week awarded Frankfort's Jenni Philpot Clark $500,000 for compensation including fringe benefits, she would have received from her termination date to her 67th birthday.

The award added $250,000 for embarrassment, humiliation and mental distress from the date of her firing to the present; $50,000 for future embarrassment, humiliation or mental distress; and $36,780 for compensation, including fringe benefits, Clark should have received during her employment.

"Jenni is grateful to have finally received her day in court," said her attorney, Charles D. Cole with Sturgill, Turner, Barker & Moloney law firm in Lexington.

"We are obviously pleased with the result."

Bob Arnold, executive director of KACo, said Monday he couldn't comment on the case and referred questions to Frankfort attorney William E. Johnson, who represented KACo. Johnson could not be reached for comment.

Clark was director of KACo's Advanced Revenue Program from 1990 until she was fired in August 2005.
In October 2005, Clark filed a lawsuit against KACo, the KACo Advanced Revenue Program and Arnold. Cole said Clark's suit concerned violations of the anti-retaliation statute of Kentucky's Civil Rights Act.

In the fall of 2000, Clark participated in opposing a sexually hostile, offensive and retaliatory working environment, Cole said. In May 2005, Clark was listed as a witness in a separate lawsuit " Sandra M. Chapman, et al, v. KACo " filed by several of her co-workers.

"She suffered retaliation as a result of such participation, culminating in the wrongful termination of her employment," Cole said.

According to Clark's 2005 lawsuit, retaliation included "approved pay raises being denied to hermultiple unsuccessful attempts at termination of her employment, her eventual termination, transfers to smaller and less desirable office space, retaliatory attacks upon her work performance (and) her character."

The lawsuit claimed the defendants committed "outrageous conduct" by inflicting misery on Clark "for her lawful exercise of her right, in good faith, to oppose a discriminatory and sexually hostile and retaliatory work environment," and to report or disclose "certain actual or suspected violations of the law, includingcertain taxing, financial disclosure and/or securities laws" concerning the KACo
Advanced Revenue Program.

The defendants denied Clark's allegations and sought to have her lawsuit dismissed.
In its 2005 response to the lawsuit, KACo claimed Clark "was a terminable-at-will employee who could be discharged at any time with or without cause. While not necessary, the plaintiff was terminated for appropriate reasons related to the performance of her work."

After the trial court refused to dismiss the suit, the defendants appealed to the Kentucky Court of Appeals where it was dismissed.

The case returned to Franklin Circuit Court with Special Judge Roger Crittenden presiding.
In addition to the $836,780 in damages, Clark's attorney fees and costs also are recoverable, Cole said.
But the trial court has not set the attorney fees and costs, Cole said on Monday.

In the lawsuit, Clark did not seek to get her job back with KACo. She is now working as a certified fitness instructor at both YMCA facilities in Frankfort, Cole said.

Crittenden said Monday a judgment has not been filed. Once that happens, the defendants will have 30 days to file an appeal.