8/22/2018 3:06 PM 1 2 3 4 IN THE CIRCUIT COURT OF THE STATE OF OREGON 5 FOR THE COUNTY OF LINN 6 Plaintiff, 7 8 9 Case No. 18CV37222 RYAN COLEMAN, an individual, COMPLAINT (Religious Discrimination under the Oregon Workplace Religious Freedom Act (ORS §659A.030); Whistleblower Retaliation (ORS §659A.199); Wrongful Termination Common Law) v. DAHLED UP CONSTRUCTION, INC., an Oregon corporation, 10 Defendant. PRAYER: $800,000 Fee Authority: ORS 21.160(1)(c) 11 NOT SUBJECT TO MANDATORY ARBITRATION 12 13 JURY TRIAL DEMANDED 14 15 16 For his complaint against Defendant Dahled Up Construction, Inc. (“Defendant” or “Dahled Up”), Plaintiff Ryan Coleman (“Mr. Coleman”) alleges as follows: 17 PARTIES 18 1. 19 Mr. Coleman is a resident of Albany, Linn County, Oregon. 2. 20 21 22 Defendant Dahled Up is an Oregon corporation with its principal place of business in Albany, Linn County, Oregon. 23 VENUE 24 3. 25 Venue is appropriate in Linn County because Defendant Dahled Up has an office for the 26 transaction of business in Linn County, conducts regular and sustained business activities in Linn Page 1 – COMPLAINT HKM EMPLOYMENT ATTORNEYS LLP 1607 NE 41ST AVENUE PORTLAND, OR 97232 503-389-1130 1 County, and much of the alleged wrongful conduct giving rise to the causes of action in this 2 complaint took place in Linn County. 3 FACTUAL ALLEGATIONS 4 4. 5 At all material times, Defendant Dahled Up was Mr. Coleman’s employer, Mr. Coleman 6 was supervised by Defendant Dahled Up’s employees or agents and Mr. Coleman relied on the 7 actual or apparent authority of Defendant Dahled Up’s employees, supervisors and management. 8 5. 9 At all material times Joel Dahl (“Owner/Supervisor Dahl”) was Mr. Coleman’s 10 supervisor and the owner of Defendant Dahled Up, and was an agent acting on behalf of 11 Defendant Dahled Up. 6. 12 Defendant Dahled Up is vicariously liable for the actions of Owner/Supervisor Dahl. 13 7. 14 Mr. Coleman was hired by Defendant Dahled Up on or about October 5, 2017 as a 15 16 painter. 8. 17 Mr. Coleman was a hard-working employee and dedicated to his job. 18 9. 19 Dahled Up is a construction company that provides primarily residential remodeling and 20 21 renovations. 10. 22 23 Soon after Mr. Coleman began working at Dahled Up, he discovered that 24 Owner/Supervisor Dahl required his employees to attend Christian-based Christian Bible study 25 during work time. 26 /// Page 2 – COMPLAINT HKM EMPLOYMENT ATTORNEYS LLP 1607 NE 41ST AVENUE PORTLAND, OR 97232 503-389-1130 1 11. 2 Mr. Coleman is not a practicing Christian. 3 12. 4 Mr. Coleman repeatedly told Owner/Supervisor Dahl that he was not comfortable 5 attending Christian Bible study and that it was illegal for Owner/Supervisor Dahl to require his 6 employees to do so. 13. 7 8 Despite Mr. Coleman’s protests, Owner/Supervisor Dahl continued to insist that Mr. 9 Coleman attend Christian Bible study as a condition of continuing employment. In order to keep 10 his job and believing he had no other choice, Mr. Coleman attended the required Christian Bible 11 study. 14. 12 On April 12, 2018, in a telephone conversation with Owner/Supervisor Dahl, Mr. 13 14 Coleman once again asserted his right not to attend Christian Bible study. 15. 15 16 On or about April 12, 2018, Defendant Dahled Up terminated Mr. Coleman’s 17 employment because Mr. Coleman refused to attend, and complained about being required to 18 attend, Christian Bible study. 19 CLAIMS FOR RELIEF 20 FIRST CLAIM FOR RELIEF 21 (Religious Discrimination Under the Oregon Workplace 22 Religious Freedom Act - ORS 659A.030) 23 16. 24 25 26 Mr. Coleman realleges and incorporates paragraphs 1 through 15 as though fully set forth herein. /// Page 3 – COMPLAINT HKM EMPLOYMENT ATTORNEYS LLP 1607 NE 41ST AVENUE PORTLAND, OR 97232 503-389-1130 17. 1 Defendant Dahled Up discriminated against Mr. Coleman in the terms, conditions and/or 2 3 privileges of employment due to Mr. Coleman’s religion, or lack thereof. 18. 4 5 Defendant Dahled Up’s actions through its agents and employees acting within the course 6 and scope of their duties, as set forth above and incorporated into this paragraph, violated Mr. 7 Coleman’s rights under ORS 659A.030. 19. 8 9 Mr. Coleman’s religion and complaints about religious discrimination were motivating 10 factors for the above described retaliatory actions and decisions made by Defendant Dahled Up, 11 including but not limited to Mr. Coleman’s termination. 20. 12 13 As a direct and proximate result of Defendant Dahled Up’s unlawful conduct, Mr. 14 Coleman has incurred and continues to incur lost income in an amount to be proven at trial, 15 which is alleged to be $50,000. 21. 16 17 As a direct and proximate result of Defendant Dahled Up’s conduct, Mr. Coleman has 18 suffered and will continue to suffer mental stress, humiliation, inconvenience and loss of 19 enjoyment of life all due to his non-economic loss in an amount to be determined at trial, which 20 is alleged to be $750,000. 22. 21 Mr. Coleman is entitled to recover his reasonable attorney fees and costs pursuant to ORS 22 23 659A.885. 24 /// 25 /// 26 /// Page 4 – COMPLAINT HKM EMPLOYMENT ATTORNEYS LLP 1607 NE 41ST AVENUE PORTLAND, OR 97232 503-389-1130 1 SECOND CLAIM FOR RELIEF 2 (Whistleblower Retaliation - ORS 659A.199) 3 23. Mr. Coleman realleges and incorporates paragraphs 1 through 22 as though fully set forth 4 5 herein. 24. 6 7 Mr. Coleman reported information that he believed to be evidence of a violation of a state 8 or federal law, rule, or regulation, including but not limited to Defendant Dahled Up’s 9 requirement that all employees attend Christian Bible study as a condition of employment. 25. 10 11 Mr. Coleman acted in good faith in reporting the above information. 26. 12 13 14 Defendant Dahled Up discriminated against Mr. Coleman in the terms, conditions and/or privileges of employment due to Mr. Coleman’s reporting of the above information. 27. 15 16 Defendant Dahled Up’s actions, its agents and employees acting within the course and 17 scope of their duties as set forth above and incorporated into this paragraph, violated Mr. 18 Coleman’s right to protection as a whistleblower. 28. 19 20 Mr. Coleman’s protected activity was a substantial and motivating factor for the above 21 described retaliatory actions and decisions made by Defendant Dahled Up, including but not 22 limited to his termination. 29. 23 24 As a direct and proximate result of Defendant Dahled Up’s unlawful conduct, Mr. 25 Coleman has incurred and continues to incur lost income in an amount to be proven at trial, 26 which is alleged to be $50,000. Page 5 – COMPLAINT HKM EMPLOYMENT ATTORNEYS LLP 1607 NE 41ST AVENUE PORTLAND, OR 97232 503-389-1130 30. 1 2 As a direct and proximate result of Defendant Dahled Up’s conduct, Mr. Coleman has 3 suffered and will continue to suffer mental stress, humiliation, inconvenience and loss of 4 enjoyment of life all due to his non-economic loss in an amount to be determined at trial, which 5 is alleged to be $750,000. 31. 6 Mr. Coleman is entitled to recover his reasonable attorney fees and costs pursuant to ORS 7 8 659A.885(a). 9 THIRD CLAIM FOR RELIEF 10 (Wrongful Termination - Common Law) 11 32. Mr. Coleman realleges and incorporates paragraphs 1 through 31 as though fully set forth 12 13 herein. 33. 14 15 Defendant Dahled Up retaliated and discriminated against Mr. Coleman, thereby 16 interfering with an important societal obligation and/or terminated Mr. Coleman while he 17 pursued important rights related to his role as an employee, including but not limited to asserting 18 his right to not attend Christian Bible study as a condition of his employment and reporting the 19 illegality of requiring all employees to attend Christian Bible study as a condition of 20 employment. 34. 21 Mr. Coleman’s statutory claims do not provide adequate remedies for relief. Therefore, 22 23 he is entitled to such remedies as exceed those awarded under other claims. 24 /// 25 /// 26 /// Page 6 – COMPLAINT HKM EMPLOYMENT ATTORNEYS LLP 1607 NE 41ST AVENUE PORTLAND, OR 97232 503-389-1130 35. 1 2 As a direct and proximate result of Defendant Dahled Up's unlawful conduct, Mr. 3 Coleman has incurred and continues to incur lost income in an amount to be proven at trial, 4 which is alleged to be $50,000. 36. 5 6 As a direct and proximate result of Defendant Dahled Up’s conduct, Mr. Coleman has 7 suffered and will continue to suffer mental stress, humiliation, inconvenience and loss of 8 enjoyment of life all due to his non-economic loss in an amount to be determined at trial, which 9 is alleged to be $750,000. 10 JURY TRIAL DEMAND 11 37. 12 13 Mr. Coleman demands a jury trial on all questions of fact or combined questions of law and fact raised by this complaint. 14 15 PRAYER FOR RELIEF WHEREFORE, Mr. Coleman requests the court to: comp 16 1. Assume jurisdiction over each of the causes set forth herein. 17 2. Issue a declaration that Defendant Dahled Up has violated Mr. Coleman’s legally 18 19 protected rights and an order-requiring Defendant Dahled Up to correct this deficiency. 3. Grant a permanent injunction enjoining Defendant Dahled Up, its owners, 20 officers, management personnel, employees, agents, successors, assigns and all persons in active 21 concert or participation with Defendant Dahled Up, from engaging in any employment practice 22 which retaliates against employees who request or exercise legally protected rights. 23 4. Order Defendant Dahled Up to create, implement and carry out policies, practices 24 and programs providing for equal employment opportunities which affirmatively eradicate the 25 effects of past and present unlawful employment practices, on such terms as the court may direct. 26 5. Order Defendant Dahled Up to make Mr. Coleman whole by compensating Mr. Page 7 – COMPLAINT HKM EMPLOYMENT ATTORNEYS LLP 1607 NE 41ST AVENUE PORTLAND, OR 97232 503-389-1130 1 Coleman for past and future pecuniary losses, including expenses, impairment of earning 2 capacity, lost past and future earnings and benefits of employment, and such other losses as are 3 awarded by a jury or otherwise established at trial, which is alleged to be $50,000. 4 6. Order Defendant Dahled Up to pay Mr. Coleman an award of compensatory 5 damages for non-economic losses, including but not limited to severe emotional distress, 6 anguish, humiliation, anger, shame, and anxiety in an amount to be proven at trial, which is 7 alleged to be $750,000. 8 9 10 11 7. Award Mr. Coleman his costs of suit and his reasonable attorney fees, costs and expert witness fees. 8. Order Defendant Dahled Up to pay prejudgment and post judgment interest, as appropriate, on all amounts due to Mr. Coleman as a result of this action. 12 13 DATED: August 22, 2018. 14 HKM EMPLOYMENT ATTORNEYS LLP 15 By: s/ Corinne Schram Corinne Schram, OSB No. 160234 Email: cschram@hkm.com Tel: 503-212-4888; Fax: 503-345-0806 Attorneys for Plaintiff Ryan Coleman 16 17 18 19 20 21 22 23 24 25 26 Page 8 – COMPLAINT HKM EMPLOYMENT ATTORNEYS LLP 1607 NE 41ST AVENUE PORTLAND, OR 97232 503-389-1130