Wash. Court of Appeals published opinion — 857088.pdf

Citation: Wash. Court of Appeals published opinion — 857088.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/857088.pdf ↗

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harassment and discrimination. Symetra conducted an internal investigation of

Doe’s claims, resolved them via a settlement agreement with Doe, and fired

Koettker.

Bittner’s superiors disapproved of him telling other Symetra employees to

seek legal advice, and they told him so. In September 2017, a senior partner in

HR, Jeffrey Ward, e-mailed Fry:

I believe that [Doe] and Tom [Bittner] communicate with each other
and we know that Tom has given some bad advice to employees in
the past who are feel[ing] disgruntled with Symetra, e.g. you should
seek legal advice.

My concern is that he will do the same with [Doe]. Should we be
concerned about that? If so, would you like me to reach out to Tom?
Would you prefer to offer that coaching to him?

2 “Jane Doe” is a pseudonym.

-3-
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 85708-8-I

In July 2018, after Symetra settled with Doe, Ward again e-mailed Fry suggesting

that he instruct Bittner in an upcoming meeting:

Stop: . . . [a]dvising employees to seek legal advice. You represent
the company. It’s not your place to tell any Symetra employee to
seek legal advice, e.g. D. Rotz.

Ward also recommended that Fry tell Bittner:

Start: . . . [u]nderstanding the significant difference between
sympathy and empathy. . . . [Y]ou certainly shouldn’t advise
[employees] to seek legal advice. . . . [U]nless they are your direct
employee, you cannot advise them but rather guide them to working
with their management team and/or aligned HR.

Following the meeting, Fry wrote a letter to Bittner that “outline[d] additional areas

that we discussed today where your performance as a sales leader in the Benefits

Division needs to improve.” Under a section entitled “Behavior That Must Stop