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MADISON - ST. CLAIR RECORD

Thursday, May 2, 2024

Gilbert allows wrongful termination suit against Madison County to continue after delay in service

Federal Court
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BENTON – St. Louis County attorney Michael Gras sued Madison County for former employee Janice Koehler last December, but didn’t serve the complaint until Senior U.S. District Judge Phil Gilbert caught his attention.

Gras notified Gilbert on Sept. 14 that he served the suit.

“Undersigned counsel has gone through a significant change in practice over the last several months and anticipates new counsel to be entering soon to assist with the case,” he wrote.

Gilbert discharged a show cause order against Gras on Sept. 18.

Gras alleged in Koehler’s complaint that the county prevented her from working, created a hostile work environment, and retaliated against her for exercising her rights.

Gras identified her as an Ohio resident and former Madison County resident who worked as a map and plat research technician from 2018 to 2020.

He claimed she had a history of brain injury, traumatic stress, and general stress and anxiety.

“Despite these impairments, she was able to perform essential functions of her job,” he wrote.

Gras claimed she was subjected to taunting, harassment, comments regarding her service dog and her self-care activities on lunch breaks, and implications that she was a drug addict.

He claimed she applied for promotions to field technician and office manager for the assessor and was rejected.

He added that there was no reason but pretext for her not to receive the promotions.

Gras claimed that in fall of 2020, Koehler asked to work from home.

He claimed other employees worked from home, and Koehler would have been able to perform her job from home.

“Defendant did not allow her to do so,” he wrote.

Gras claimed Koehler then threw up in her office and was sent home.

She was allegedly informed she wouldn’t return to work until a mental health professional named Jewell evaluated her.

Gras claimed Jewell diagnosed her with mental conditions that she strenuously objected to.

Jewell allegedly ordered Koehler to undergo months of treatment, to which she didn’t consent.

Gras claimed Koehler found a physician who said she could work with reasonable restrictions, but the county insisted she be cleared by Jewell.

He added that she was never allowed to return unless she complied with unreasonable demands.

Gras sought full compensation for severe damages including deprivation of rights; loss of wages, opportunities, promotions, and benefits; and emotional distress.

In August, Gilbert gave Gras three weeks to show why he shouldn’t dismiss the case.

Gras served the complaint and notified Gilbert, stating his delay in serving the county should not prejudice his client.

“Plaintiff should have the opportunity to have her claims fully heard by the Court,” he wrote.

Gilbert agreed and the case continues.

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