Free Reply to Opposition - District Court of California - California

Case 5:07-cv-04910-JF

Document 15-2

Filed 12/07/2007

Page 1 of 3

1 2 3 4

PETER N. LAMBERTO, State Bar No. 061813 LAMBERTO & KREGER 160 West Santa Clara, Suite 1050 San Jose, CA 95113-2311 Telephone: (408) 999-0300 Facsimile: (408) 999-0301 Attorneys for Plaintiff LISAMARIE BRAYDEN

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

LISAMARIE BRAYDEN Plaintiff, vs. PSC INDUSTRIAL OUTSOURCING, INC., MARK BLANCHARD, JOE HAMBY, BRUCE ROBINSON, AND DOES 1-50 AND DOES 150, Defendants. I, LISAMARIE BRADEN, declare:

Case No. C 07-04910 JF DECLARATION OF CLAIMANT IN SUPPORT OF REPLY TO OPPOSITION TO MOTION OF CLAIMANT TO REMAND TO SUPERIOR COURT OF MONTEREY COUNTY

Date: December 14, 2007 Time: 9 a.m. Dept. 3 / Hon. Jeremy Fogel

1. I am the Claimant in the above entitled matter, and the facts stated herein are true of my own personal knowledge, unless stated on information and belief, in which case I believe them to be true. 2. Between approximately March 1, 2007 and June 15, 2007, I was employed by defendant PSC Industrial Outsourcing, Inc. (hereafter PSC) at its facility located in San Ardo, County of Monterey, CA. My job was assistant to the Health and Safety Manager, who was defendant herein Mark Blanchard. Defendant Joe Hamby was the Site Manager, and the direct supervisor of Mark Blanchard.

Case 5:07-cv-04910-JF

Document 15-2

Filed 12/07/2007

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3. I complained verbally and in writing to the Human Resources Manager, Cheryl Sarzotti, on or about May 21 and May 22, 2007 of being sexually harassed by my boss, Mark Blanchard, whom I have since learned is a convicted sex offender in Louisiana. The harassment consisted of pulling my shirt out at the neck so he could look down at my breasts, and grabbing my buttocks, among other offensive and inappropriate behavior. 4. After being placed on leave, during which an investigation was allegedly conducted, I returned to work on or about June 4, 2007. I was told that the "investigation" did not support my complaints. 5. Within days thereafter, I was personally demoted by Site Manager Joe Hamby to "yard duty," and I was told that I was not to work inside at my usual desk. Mr. Hamby refused to tell me what my new job description was, and advised me that I was not to question him about it. 6. My previous job responsibility as Assistant to the Health and Safety Manger included the testing and maintenance of safety equipment and supplies. In early May 2007 I was promised a $2/hour raise because of my outstanding job performance. I was on 24 hour weekend call in cases of emergency, and I was responsible for the maintenance of over forty safety training files. 7. In my "new" job, I was instructed by Joe Hamby to clean the warehouse and restack heavy materials, weighing over 100 lbs. I was further ordered by him to clean caustic chemicals from dumpsters, and I was specifically denied the use of safety equipment such as a hard hat, coveralls and goggles by Joe Hamby, though other workers in the yard were issued safety equipment. After performing these tasks and being covered with what I thought was caustic soda ash, but which I later found out may have been vanadium pentoxideI, I was chastised by a dispatcher, who said I should not be performing the tasks without proper safety equipment, and I was sent home. /////
-2-

Case 5:07-cv-04910-JF

Document 15-2

Filed 12/07/2007

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

8. On or about June 12, I noticed Joe Hamby and Mark Blanchard leave the work premises together in Mark Blanchard's truck. I left for lunch about two hours later, and about one-half mile from the work premises, what sounded like a rifle shot shattered my driver's side window. About twenty minutes later, Joe Hamby drove by in his own vehicle while I waited for the police, but did not bother to stop or even acknowledge me, though there was a large amount of glass in the street, and he certainly would recognize my vehicle stopped on the roadside. 9. Within the next two days or so, fearing for my health and safety working in the yard under the supervision of Joe Hamby, I advised the company that I would not be returning to work. 10. I am informed and believe that Joe Hamby's actions in reassigning me to yard duty and strenuous physical labor, under unsafe conditions, were in direct retaliation for my complaining about the sexual harassment of myself by his friend Mark Blanchard. Prior to my complaint, I was lauded for my performance over the course of my first two months on the job. I was advised by co-workers that assignment of persons complaining of sexual harassment to yard duty was a tactic employed by the company previously to force the harassed person to quit. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is made December 5, 2007 in Modesto, CA. __/S/ Lisa Marie Brayden__________ LISAMARIE BRAYDEN Dated: Dec. 7, 2007 /S/_____________________ Peter Lamberto, Atty for Claimant

I hereby attest that I have on file all holographic signatures for any signatures indicated by a "conformed" signature (/S) written in this efiled document.

-3-