(Asotin, WA) On November 15 2024, a jury found that the HAAC violated Washington State law by firing Ms. Woodbury on the basis of perceived disability and fro exercising her right to retain a lawyer and failed to accommodate Ms. Woodbury’s need for back surgery. The jury awarded Ms. Woodbury $382,658 in damages.
Sundie Woodbury worked for HAAC from October 2021 through December 2022. At trial HAAC presented no evidence that Ms. Woodbury was subject to any discipline for poor performance. On October 10, 2022, Ms. Woodbury was informed her daughter, Abriauna, was gravely injured by a drunk driver. Ms. Woodbury immediately left work. Enroute to Arizona (where Abriauna was attending Grand Canyon University), Ms. Woodbury learned Abriauna passed away.
On November 6, 2022, Ms. Woodbury texted HAAC’s Executive Director, Susan Clark, and asked to return to work. Ms. Woodbury provided Ms. Clark three return to work dates. Instead of allowing Ms. Woodbury to return to work, a few days later ms. Clark came to Ms. Woodbury’s house, handed her Long Term Disability (LTD) paperwork and a calendar with Ms. Woodbury’s last paid day of work circled on it. Ms. Clark said to Ms. Woodbury words to the effect of “with all you’ve been through a doctor will deem you mentally disabled so LTD is the better option.” Ms. Woodbury asked Ms. Clark if she could come back to work following previously planned back surgery to which Ms. Clark said words to the effect of “it makes no sense for you to come back given your surgery and we’re not required to keep your job open.” HAAC shut off Ms. Woodbury’s HAAC email account the same day Ms. Clark came over to Ms. Woodbury’s house.
Ms. Woodbury then retained a local attorney, Sam Creason, who wrote Ms. Clark and informed Ms. Clark of Ms. Woodbury’s upcoming back surgery and cautioned Ms. Clark against taking away any of Ms. Woodbury’s leave benefits. Less than one week after receiving Mr. Creason’s letter, Ms. Clark (who called Mr. Creason’s letter “attacking”) ordered HAAC workers Doug Clark (Ms. Clark’s husband) and Ronna Kerr (another HAAC worker) to box up Ms. Woodbury’s personal belongings from her office and drop them off at Mr. Creason’s reception area.
Ms. Woodbury sued HAAC for wrongful termination and failure to accommodate. As to the wrongful termination claims, Washington law makes it illegal to discriminate against someone with a perceived disability which, in this case, was HAAC’s belief that Ms. Woodbury was incapable of working because it believed Ms. Woodbury was mentally ill following her daughter’s death. Washington law also makes it illegal to fire a worker who hires a lawyer to negotiate leave benefits which, in this case, was HAAC firing Ms. Woodbury within days of receiving Mr. Creason’s letter informing HAAC that Ms. Woodbury did not consent to any loss of benefits. Additionally, Washington law requires an employer to accommodate an employee with a disability and the jury found that HAAC failed to accommodate Ms. Woodbury’s back surgery.
At trial HAAC argued that Ms. Woodbury quit/abandoned her job. HAAC also accused Ms. Woodbury of violating HAAC policy by not providing proper notice of leave, by creating a “conflict of interest” by working a side job for the Asotin Health District while working for HAAC, and doing Health District work on HAAC time, in essence, committing timecard theft. Matt Crotty, one of Ms. Woodbury’s lawyers, would remark “I have never seen so many baseless claims thrown at someone claiming wrongful termination.”
The jury saw evidence that undercut Ms. Clark’s/HAAC’s credibility. One of many examples calling into question Ms. Clark’s credibility was Ms. Clark’s certification to the unemployment office where Ms. Clark said Ms. Woodbury never contacted HAAC afterleaving work on October 10th– – – a fact belied by Ms. Woodbury’s November 6, 2022, text message to Ms. Clark asking to return to work. At trial not a single HAAC witness could explain what the “conflict of interest” was nor did HAAC prove Ms. Woodbury committed timecard theft as Ms. Woodbury testified that Ms. Clark not only knew about her work with the Health District but that she did Health District work during lunch, holidays, or weekends.
Toward the end of the trial HAAC called County Commissioner Charles Whitman (who is also a Health District board member and HAAC liaison board member) to rebut Ms. Woodbury’s claim she (and her husband Brady Woodbury) told him (Mr. Whitman) of Ms. Woodbury’s dual work. Mr. Whitman testified that he was generally aware of the dual work but claimed he told Brady Woodbury to have Sundie stop working at HAAC. After Mr. Whitman finished testifying it was discovered that Mr. Whitman personally signed Ms. Woodbury’s Health District time sheets – – a fact that called into question the accuracy of Mr. Whitman’s testimony. Ms. Woodbury’s lawyers brought the issue of Mr. Whitman’s less-than-candid testimony to the trial judge and asked that the jury be instructed to disregard Mr. Whitman’s testimony; however, that request was denied.
Trial testimony also revealed that HAAC wasn’t trained in preventing disability discrimination based on perceived disability status and had no plans to conduct such specific training. On that point Mr. Crotty remarked “hopefully this verdict gets the point across that such training is important. I hope the HAAC board ensures Ms. Clark is held accountable and training is implemented so this doesn’t happen again.”
When asked to comment on the result of the case Ms. Woodbury said “
“I want to express my deepest gratitude to my attorneys, Matt Crotty, Michael Love, and Sam Creason and to my husband, Brady Woodbury. The past two years have been the most excruciating of my life.
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Matt and Michael were not only wise and thoroughly prepared, but they also protected my heart through every step of this journey. As I sat giving my truth, I looked out at my husband and felt so deeply grateful for his unwavering love. I looked at my attorneys from the witness stand, and in that moment, I knew that no matter what happened, I was safe.
Sometimes, all people need is others in their corner to remind them of who they are.”
Ms. Woodbury was represented by Spokane attorneys Matt Crotty and Mike Love of Riverside NW Law Group.
The HAAC was represented by Spokane attorneys Kammi Smith and Deanna Willman of Witherspoon Brajcich McPhee