News : $30,000 Settlement granted in Lawsuit with First HR Director

At Tuesday's Benton County Supervisor meeting, an item on the agenda included the dismissal of a lawsuit filed by Kirsten Nelson. Nelson was the first HR Director in Benton County. The board voted to approve the dismissal.

So far, the two lawsuits filed by HR Directors, have resulted in cash payments of $170,000 this year alone. The total cost is higher considering additional benefits granted in the Sue Wilber case. Wilber was the second of two HR Directors for the county.  

The case was brought by Benton County's first HR Director, Kirsten Nelson against the Benton County Supervisors Tracy Seeman, Gary Bierschenk, and Rick Primmer as well as Benton County Auditor, Hayley Rippel.

The lawsuit made several claims.

Count I

VIOLATION OF IOWA CODE SECTION 70A.29-WHISTLEBLOWER

In the first 17 statements of the lawsuit, the specifics are laid out including that each of the elected officials are indeed elected, asks where they reside and states that the county supervisors were the immediate supervisors of Nelson. Nelson stated that she has served as a Human Resources professional for 15 years beginning in Benton County on June 2, 2021. This is all recapped in Count II, the second part of the lawsuit.

Nelson claims:

-that she had not been provided personnel files and employee information had been denied.

-that obstacles were created which interfered with her job.

-She then claimed that "findings of non-compliance and mismanagement" or any "findings of non-compliance and mismanagement" had been reported to the supervisors and former Benton County Attorney, David Thompson.

(The county agreed that Nelson complained generally about interpersonal workplace disputes or workplace dissatisfaction.)

-claimed that a campaign had been organized "to retaliate against Nelson, including efforts to intimidate and harass her in the workplace."

-claims that an Information Technology employee had been instructed to remove security cameras outside of Nelson's office, and that people were sent to her office "as a way of harassing and interrupting her, openly hostile communication, talking negatively about Nelson in the workplace and encouraging other employees not to work with her, and initiating an unwarranted investigation against her by making a false complaint."

(In this statement the county specifically denied that there had been an "unwarranted investigation" due to a "false complaint.")

-Nelson claimed that she continued to report ongoing retaliation to the Supervisors having multiple meetings with them and asking for them to intervene.

*The county denied that Nelson had reported "ongoing retaliation" and but admitted that Nelson complained in multiple meetings generally about interpersonal workplace disputes or workplace dissatisfaction.)

-claims that as a result of the pervasive accusations, harassment, and retaliation, Nelson began having anxiety and panic attacks necessitating medical intervention and medication. Nelson said that because the supervisors failed to act, the conditions of employment became so intolerable she was forced to leave.

-Cited a Violation of Iowa Code 704.29, Whistleblower

(The county cited their responses in the above statements.)

-"In good faith, Nelson reported acts she reasonably believed were evidence of violations of law or rule, mismanagement, or abuse of authority by Auditor Rippel and other employees," and "reported these acts to Benton County Supervisors Primmer, Seeman and Bierschenk as well as the elected Benton County Attorney, Ray Lough."

(The county denied Nelson reported "evidence of violations of law or rule, mismanagement or abuse of authority" to either the supervisors or the Benton County Attorney.)

-She also claimed that she had been "intentionally and wrongfully retaliated against...because she reported violations of law, rules, mismanagement, and abuse of authority and (that) interfered with Nelson's employment, business and professional relationships and, prospects."

-She claimed that she "was engaged in a statutorily protected activity under Iowa Code §70A.29 while disclosing evidence of violations of law or rule, mismanagement, or abuse of authority by way of her employment," and that 'the Benton County Supervisors knew of the ongoing harassment and retaliation, had multiple opportunities to address the improper and illegal conduct and failed to act, thereby constructively discharging Nelson."-

-Claimed that "Iowa Code §70A.29 and law prohibiting retaliatory discharge were clearly established at the time of the illegal acts."

(The county agreed that the law did exist, but denies that there were any illegal acts.)

-The final claim in Count I reads, "These acts of retaliation and discharge have caused Nelson to sustain damages including, but not limited to, lost wages, future impairment to earning capacity, loss of vacation, sick, and other paid leave, loss of health care benefits, retirement benefits, life insurance benefits, long term disability benefits, and loss of pay due to raises and advancements. In addition, Nelson has sustained personal injuries including severe emotional distress, anxiety and fatigue and should be compensated for these injuries. Nelson should also be compensated for all damages allowed pursuant to Iowa Code §70A.29 including, but not limited to, back pay, civil damages, equitable relief, and attorney fees and costs."

In each of the claims above, the county denied that these statements were true and responded, "WHEREFORE, for the reasons set forth above, the Board Defendants respectfully request that this Court enter judgment against Nelson and deny that Nelson is entitled to any relief claimed."

COUNT II

INTERFERENCE WITH CONTRACTUAL RELATIONSHIP (AGAINST DEFENDANT HAYLEY RIPPEL) 

The second count re-establishes the basics of the case, Nelson's employment, that she had a contract, etc. all parties agree. 

Claims:

-Nelson realleged "and incorporates herein by reference as if set forth at length in Paragraph numbers 1 - 34 of this Petition." Meaning (I believe) that Nelson accuses Rippel in a second count that all of the above interfered with Nelson's contractual relationship with the county. 

(The county responded with, "To the extent this claim is brought under the theory of respondeat superior, the Board Defendants incorporate and replead their answers to paragraphs 1 through 34 as if fully set forth herein." basically they deny this claim.)

-claims the auditor had "intentionally and improperly interfered with Plaintiff's contract by intentionally interfering with Plaintiff's ability to perform human resources services for Benton County as outlined in her employment contract and retaliating against Plaintiff for reporting violations of rule or law, mismanagement, or abuse of her authority."

-Claims the auditor's, "interference prevented the County and Nelson from performing their obligations under the contract or caused the performance to be more burdensome or expensive."

-Nelson claims she has suffered damages because of the "intentional interference, including but not limited to, lost wages, future impairment to earning capacity, loss of vacation, sick, and other paid leave, loss of health care benefits, retirement benefits, life insurance benefits, long term disability insurance benefits, and loss of pay due to raises and advancements. In addition, Nelson has sustained personal injuries including severe emotional distress, anxiety and fatigue. Nelson should also be compensated for all direct and accidental damages including attorney fees, costs, and any other appropriate equitable relief."

-Paragraph 41 states, "This law was clearly established at the time of the illegal acts."

The county denied this claim as well. The lawsuit states that the county "Denied that the legal application of this tort under the facts alleged "was clearly established" and denied that any illegal acts occurred. WHEREFORE, for the reasons set forth above, the Board Defendants respectfully request that this Court enter judgment against Nelson and deny that Nelson is entitled to any relief claimed." Rippel's response to these claims was, "WHEREFORE, Defendant prays that the Court dismiss this action, assessing all costs to the Plaintiff, and for other such relief as this Court deems just and equitable."

The county settled with Nelson for $30,000 for her claim of "personal injury damages," issued a W-9, and the check will be made out to Nelson's lawyers or her. The case was dismissed with prejudice, which means it cannot be refiled. She also agreed to the stipulation that she cannot work again as a Benton County Employee.

Each party covered its own legal expenses.