Zachary Winspear joined Community Development, Inc. (CDI), a property
Winspear was eventually promoted to community manager.
In January 2005, Schneider’s wife, Lana Sierra, began working at CDI as a receptionist. Shortly after, Sierra told Winspear she had been communicating with his dead brother. She said his brother was in hell and wanted to spare Winspear the same fate. She urged Winspear to avoid hell by finding God.
Over the next several weeks, Sierra gave Winspear daily “messages,” sometimes crying as she described the torment Winspear’s brother was enduring. Winspear found her messages upsetting and asked her to stop.
When the problem worsened, Winspear talked with Schneider. Schneider told him his wife’s ability to speak with the dead was a gift. He advised Winspear to listen to her. Sierra continued to discuss the matter daily with Winspear through March. After March, she made only occasional references to it.
In August 2005, Winspear quit. He sued for constructive discharge and discrimination.
The court found for CDI, however, noting that the daily harassment ended five months before Winspear quit. The delay was “fatal” to his claim, the judge ruled.
- Unionized? You may be able to use progressive discipline to address some forms of harassment
- Is an employee's refusal to cooperate with an internal investigation a firing offense?
- 10 key tips for recession-proofing your HR department
- Congress gives employees new whistles to blow
- When filing lawsuits, employees not entitled to 'Two bites at the apple'