LANSING – The State Treasury Department was successful Tamara Noe because she refused to work with a male employee who said she was harassing and afraid of her.
Three years later, that employee, Henry Ware, was forced to resign after he was threatening to bring machine gun to work and show male supervisor, records show.
But he did not help Noe – their complaints about Ware were not the first one that made him cohabitants, mostly ignored. Noe still lost his post after working for the state for almost five years, with an unexpected record, until it was transferred to the Ware workstation at the state secondary schools complex in Dimondale.
Noe took the Treasury over his hands, but Eaton County Judge John Maurer rejected the suit. Last week, the decision was arrested by a three-panel panel of the Michigan Appeals Court, removing Noe on technical grounds.
"This is a serious thing," said David Kotwicki, a solicitor Shelby Township who represented Noe at the circuit court level. "This person was harassed to some other women (and) but the supervisor sent out.
"Then, when he was harassed by the male supervisor, all suddenly thought it was worth taking action."
Ware, not a protector in the case, could not be achieved for traffic.
Noe, who started working for the Treasury in February 2009 and assigned to the special tax division when she was out of office in October 2013, sued back in 2016 under the Civil Rights Act for People with Disabilities. She allegated the Ware stress as she prevented her from being able to work around him.
Noe announced that she was transferred in 2012 from the Treasury unacceptable funding division to the International Fuel Tax Agreement Section, and on the first day she worked there, one of its supervisors warned that Ware was an employee problem. That week, two more the employees warned her not to get on the bad side of Ware, Noe said.
Noe, "she worked in partnership with Ware, but Ware made a statement of reluctance and intimidation within a few weeks," said the court of appeal in summary of the case.
"She pointed out that Ware told him that he was aiming to do other employees in the unit as he was tied in that unit, and he thought it was funny that other employees were afraid of it."
Ware made a four-inch pocket knife to use when he opened and Noe boxes together and said he served in the army and "could kill anyone in the building and that he could go away with him, "according to evidence.
Noe announced she told her supervisor, Seth Martin, on Ware's statements, in January 2013, and was afraid of her, but Martin told her not to ignore Ware, according to evidence. After that, Ware quietly stops in the entrance to Noe's cub and playing her, she noticed.
"Ware told her that the unit is the real unit, and that supervisor, Martin, thought that he was the commander."
Then Noe told Ware to another supervisor and human resources, and later Martin joined each other, saying that he was going to "bring him back", according to evidence. Noe was then ill ill to work and applied for a transfer.
According to the court records, Martin denied that Noe complained to him about Ware but he was aware that he had complained to other supervisors. The Treasury Department and the Attorney General's Office refused to comment, insisting on ongoing litigation as the case could still be appealed to the Supreme Court of Michigan.
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In February 2013, directed Noe to move cubic on another floor to go out of Ware.
"Miss Ware immediately when she was sitting and she slowly walked at her cube by glaring her," according to the opinion. Noah "then went to a supervisory office, where she sat for the rest of the day with another employee to ensure his safety."
On that day, Ware signed signs of corruption due to total power, as well as one that reads: "Nothing Next Without Compensation for PAST," according to the opinion.
Noe then went on unpaid leave through the Medical and Family Leave Act and was diagnosed with a severe stress reaction and a post-threatening stress disorder. She applied for workers compensation benefits, but the medical examiner decided she could return to work, saying that "the problem could only be solved to administrative rather than through mental health ways."
Order the Noe department to return to work by June 27, 2013, and when she did not, her department resigned, said the opinion.
Noe file filed a complaint, which decided to transfer the state by offering Noe to another unit. She refused, saying she would still want her to work in the same building, at a desk near Ware. The state resumed again in October, reactive to June.
Reserve Treasury insisted that Noe did not know that she would work in the same building as Ware because she did not accept the transfer.
Noah claimed his legal application in March 2016, a few months before the Exchequer Ware went to threaten a machine gun to work, records show. According to the court's record, Martin specifically threatened Mark, former Noe Supervisor.
"On August 16 and August 23, you went to other people to tackle them in unwanted discussions, where you referred to domestic bombs as well as bringing guns, including workplace guns," which "Treasury Human Resources Director Deborah Wieber said in the press release of the Free Press act received under the Michigan Freedom of Information Act.
"Show more anger than usual during the dissertation."
Upon dismissing Ware's immediate dismissal, the "historical information" announcement stated that Ware communication with others was as aggressive and threatening, "and that he" declined people to threaten their own safety as well with the safety of colleagues. "
Ware union agreed a complaint over its dismissal, leaving a settlement under which Ware was allowed to resign and agree without seeking to resume employment with the State of Michigan, records show.
The Appeals Court rejected Noe's complaint on technical grounds.
The three-panel panel – the republican people, Kirsten Frank Kelly, Michael Riordan and Michael Gadola ruled – that Noe could say that the state was unable to attend his disability, but there was no evidence that the state was suffering from Noe against an application– not working alongside – as she alleges.
Noe got "because she would not return to work except to ask for accommodation," said the panel.
Kotwicki said he does not agree with panel analysis. He said he insisted in both court courtesy and oral discussions to a court judge, not only did the state compensate against Noe, but failed to disable their disability by transferring them from Ware.
When he heard in January 2018 in the Eaton County Circuit Court, Kotwicki said that the state "refused to act against the risk it created by letting Mr. Ware threaten women's co-operation in recent years."
In that hearing, Kotwicki queried Noah's complaints made by three other Treasury employees and said that the Eaton County Sheriff Office opened an investigation, but no charges were ever made against Ware.
Then the state "returned against Ms. Noe through a soft" transfer "motion, and gave him a chance to continue working in the career she was saying," Kotwicki told the Free Press .
Thomas Rasmusson, attorney of East Lansing who did not handle the Noe appeal, was not available for comment.
Contact Paul Egan at 517-372-8660 or firstname.lastname@example.org. Follow it on Twitter @ paulegan4.
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