LIHU‘E — A long-time county plumber says he lost his job after being threatened by a subordinate. Roy Hashimoto, represented by Honolulu attorney Dean Choy, is suing the county for wrongful termination and intentional infliction of emotional distress. He claims
LIHU‘E — A long-time county plumber says he lost his job after being threatened by a subordinate.
Roy Hashimoto, represented by Honolulu attorney Dean Choy, is suing the county for wrongful termination and intentional infliction of emotional distress.
He claims in a lawsuit that he was verbally threatened after giving an employee he supervised, Thomas Matsuyoshi, a written reprimand for insubordination. Matsuyoshi, who denies the allegations, was promoted after the January 2007 incident.
Fifth Circuit Judge Kathleen Watanabe will hear the county’s motion to dismiss the lawsuit at 1:30 p.m., Jan. 11.
Hashimoto’s attorney said he is eager for his day in court next month, confident he can prove the county’s motion for dismissal is non-meritorious. Choy said he wants to send a message to county attorneys that if they file non-meritorious motions, “I’m going to try to call them on it.”
Choy said the county is simply trying “to string things along” and force Hashimoto to incur further expenses. Choy said he will file a memorandum opposing the county’s dismissal motion.
“We are unable to comment on this matter as it is pending litigation,” said Mary Daubert, county spokeswoman.
Hashimoto, a former county Department of Public Works plumbing supervisor, claims in the lawsuit that he was no longer able to work for fear of his safety on the job as a result of being threatened by Matsuyoshi.
In a statement to other supervisors, Matsuyoshi denied the threat ever took place, the lawsuit states.
During a time when Hashimoto was out on stress work-injury leave for a portion of his annual evaluation period, the performance evaluation — signed by his supervisor, Warren Koga — was unsatisfactory in all categories. Hashimoto had a history of good evaluations since the start of his county employment 21 years ago, the lawsuit claims.
Hashimoto was terminated for “inability to return to work in full capacity,” and subsequently Matsuyoshi was promoted into Hashimoto’s supervisory position. But two psychologists said they could not approve of Hashimoto’s return to work due to his fears Matsuyoshi might cause him physical harm, the lawsuit states.
“If the employer addresses his safety concerns, he will be able to resume employment immediately,” one of the doctors wrote.
Hashimoto’s local medical doctor ordered him to stay home from work after the alleged threat three years ago.
Hashimoto filed a police report and a temporary restraining order against Matsuyoshi. He also had supervisors complete workplace-violence investigations and paperwork, the lawsuit states.
Fifth District Court Judge Trudy Senda in March 2007 after a hearing on the TRO ruled Hashimoto had not provided clear and convincing evidence that harassment had occurred, so dissolved the TRO that had been in effect since February 2007.
“The only reason Roy Hashimoto was unable to return to work in full capacity as a Plumber II with the Department of Public Works at the time of his termination was because the County of Kaua‘i had taken no steps to address Roy Hashimoto’s safety concerns in the workplace,” the suit states.
At a non-judicial hearing on Hashimoto’s complaint due to his firing, Deputy County Attorney Amy Esaki made representations that the county would place Hashimoto in a county Department of Water position where he would have no further contact with Matsuyoshi, the suit states.
A letter from the county Department of Personnel Services states Hashimoto qualified for the DOW position — Waterworks Inspector I — but he was not hired and no reason was given for the decision.
In late October of this year a hearing regarding Hashimoto’s employment-termination complaint was held. Deputy County Attorney Mauna Kea Trask said at the time that the county had worked hard to try to accommodate Hashimoto, the lawsuit states.
Trask, the suit states, objected to Hashimoto’s request for re-employment, arguing instead for dismissal of Hashimoto’s complaint on grounds the state Department of Labor and Industrial Relations failed to serve a copy of Hashimoto’s complaint on the County of Kaua‘i as required by state law.
In the second count, intentional infliction of emotional distress, the suit states Hashimoto suffered emotional distress due to his termination; the county took no steps to address his workplace-safety concerns; the county promoted Matsuyoshi, “thus rewarding Thomas Matsuyoshi’s workplace violence”; and the county took steps “to ensure Roy Hashimoto never works for the County of Kaua‘i again.”
The suit asks for a jury trial; Hashimoto’s rehiring; front and back pay and benefits; general compensatory damages for emotional distress, pain, suffering, mental anguish and humiliation; attorney fees; money for medical, drug, rehabilitative and related expenses; punitive damages from the County of Kaua‘i for the county’s “willful, wanton and malicious” acts; and any other relief as the court deems appropriate.
The county motion for dismissal contends the court lacks jurisdiction over this matter because Hashimoto has not exhausted all administrative remedies, specifically that the Department of Labor and Industrial Relations Disability Compensation Division has not issued a determination on whether Hashimoto was wrongfully terminated.
Secondly, the county motion for dismissal states Hashimoto has failed to state a claim upon which relief can be granted.
