The press releases combined in this article were supplied by Albrechta Law on November 1 and November 3, 2022.
Lacy Brown, a former supervisor with the Archuleta County Department of Human Services, has filed a complaint for her individual and class action claims against Archuleta County, Board of County Commissioners.
A federal class action lawsuit has been filed against Archuleta County alleging that the County Commissioners improperly deprived certain employees of a $2,000 County-wide bonus issued on or about September 7, 2021 by unlawfully excluding employees who took leave during the COVID-19 pandemic.
On Friday November 11, 2022, from 11 am to 2 pm, lawyers representing Lacy Brown and County employees are holding an informational meeting to answer questions about the class action portion of the lawsuit. This meeting is for County employees who did not receive the bonus because they took time off to care for a family member, to watch a child whose school had been closed, or because they had COVID or COVID symptoms.
The meeting will take place at the Ruby M. Sisson Memorial Library Conference Room 811 San Juan, Pagosa Springs. Anyone employed at Archuleta County from March 16, 2020 until at least September 7, 2021 and who took leave during the pandemic and did not receive the $2,000 bonus is encouraged to attend.
ATTENDING THIS MEETING IS A PROTECTED ACTIVITY. Archuleta County, through its Commissioners and supervisors, cannot retaliate against employees for participating in this lawsuit or for efforts to learn more about their rights to make a claim. If the County retaliates against you for attending this meeting or participating in this lawsuit, you may have a new claim for retaliation under 29 U.S.C. §§215(a)(3), 2615(a)(1) and C.R.S. § 24-34-402.
In late 2021 Archuleta County Commissioners decided to issue a $2,000 bonus to all employees who were employed during the COVID-19 pandemic to thank them for their services. However, the Commissioners decided to withhold the bonus from any employee who took any leave related to COVID. This revocation is in direct violation of the Families First Corona Virus Response Act and the CARES Act which created emergency paid sick leave and emergency family medical leave. These federal laws also protected employees who took any leave related to COVID from retaliation. Withholding a bonus that was originally granted to all employees from only those employees who used federally protected leave is a direct form of retaliation for taking the leave.
When the decision was made public, Ms. Brown and many other County employees were disappointed and confused by the decision. Ms. Brown was not given the bonus because, in accordance with the County’s policy at the time, she had to take 6.5 hours of leave when she was exhibiting COVID symptoms. Upon learning she would not receive the bonus, Ms. Brown went to her supervisor who directed her to speak with the County Manager and Commissioners since they were responsible for the decision. When she did so, she was told that communications with her elected officials and her boss were inappropriate.
She was then subjected to discriminatory statements based on her gender.
After she reported the harassment, the County began an investigation and quickly flipped the script on Ms. Brown and began investigating her instead. Ms. Brown ultimately decided to resign during the investigation as it was obvious the County intended to fire her. In a showing of pure retaliation, the County refused to accept Ms. Brown’s voluntary resignation and instead terminated her after she had already resigned.
“It is disappointing that the County I served for so long decided to terminate me after I reported harassment, and after I voluntarily resigned. It is even more upsetting that all of this began simply because I challenged a decision by my elected officials to withhold a bonus from me and others when the County’s policy forced me to take time off during the pandemic.”
Brown is represented by local attorneys David and Eleni Albrechta of the Durango law firm, Albrechta Law and Tod Thompson and Albrechta & Coble, firms located in Ohio. “Ms. Brown is standing up for her own rights after being terminated for reporting harassment in the workplace.
She is also leading the charge for any employee who was denied the County-wide bonus simply because they were forced to take leave pursuant to the County’s own policies during a global pandemic” said her attorney, David Albrechta.
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