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Date: 01-26-2016
Case Style: Jessica A. Jenkins v. Movin On Transportation, Inc. and Royce G. Gaskey
Case Number: CJ-2011-6621
Judge: Caroline Wall
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Steve Clouser
Defendant's Attorney: Brian Mitchell, Dan Wilson and Mike Redman
Description: Tulsa, OK - Jessica A. Jenkins sued Movin On Transportation, Inc. and Royce G. Gaskey on sexual harassment and respondeat superior theories.
Movin On Transportation declared bankruptcy on November 12, 2011.
Defendant's Motion for Summary Adjudication
1. An Employee Handbook does not create an employment contract and Plaintiff was an at-will employee whose employment could be terminated at any time;
2. Plaintiff fails to identify objectively unreasonable conduct that would allow her to claim constructive discharge in violation of Oklahoma public policy;
3. Plaintiff fails to identify severe or pervasive conduct that gives rise to liability for sexual harassment I hostile work environment;
4. Plaintiff fails to demonstrate an intent to cause an offensive or harmful contact and admits that she was never in apprehension of any offensive or harmful contact; and
5. Plaintiff is not entitled to overtime wages because she and Defendant agreed that her salary would compensate her for all time worked.
Contemporaneously with this Motion, Defendants are submitting their Brief in Support of this Motion, and hereby incorporate its arguments.
Outcome: Settled and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: