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1 2 3 4 5 6 7 8 9 10 ll t2 l3 t4 15 l6 17 18 l9 20 2l 22 23 24 25 IN THE ST]PERIOR COT]RT OF TITE STATE OF WASHINGTON IN AI{D FOR THE COTINTY OF KING MEGAN NICOLE MAXWELL, Plaintiff, vs. MIMEDX GROUP,INC., Defendant ) Case No.: ) ) COMPLAINT ) ) ) ) ) ) ) ) ) PLAINTIFF, by and through her attorney, Reba Weiss and Weiss Law Firm. PLLC, alleges as follows: PARTTES 1. Plaintiff Megan Maxwell is a married woman residing in Seattle, King Counfy, Washington. At all times relevant hereto, Plaintiff was employed by Defendant MiMedx Group, lnc. ("MiMedx"). 2. Defendant MiMedx is a Georgia corporation doing business in King County, Washington. JURISDICTION AND VENUE 3. The events herein occurred in King County, Washington. Jurisdiction is proper pursuant to RCW 2.08.010 and venue is proper pursuant to RCW 4.12.025. REBA WEISS WEISS LAW PIRM PLLC 12537 l5m Avenue N.E., Suite 108 Seattle, WA 98125 (206) 508-5933 reba@weissla*drm.org COMPLAINT - I
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IN THE ST]PERIOR COT]RT OF TITE STATE OF WASHINGTON
IN AI{D FOR THE COTINTY OF KING
MEGAN NICOLE MAXWELL,
Plaintiff,
vs.
MIMEDX GROUP,INC.,
Defendant
) Case No.:)) COMPLAINT)))))))))
PLAINTIFF, by and through her attorney, Reba Weiss and Weiss Law Firm.PLLC, alleges as follows:
PARTTES
1. Plaintiff Megan Maxwell is a married woman residing in Seattle, King Counfy,Washington. At all times relevant hereto, Plaintiff was employed by DefendantMiMedx Group, lnc. ("MiMedx").
2. Defendant MiMedx is a Georgia corporation doing business in King County,Washington.
JURISDICTION AND VENUE
3. The events herein occurred in King County, Washington. Jurisdiction is properpursuant to RCW 2.08.010 and venue is proper pursuant to RCW 4.12.025.
REBA WEISS
WEISS LAW PIRM PLLC
12537 l5m Avenue N.E., Suite 108
Seattle, WA 98125
(206) 508-5933
reba@weissla*drm.org
COMPLAINT - I
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COMPLAINT.2
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FACTS
Plaintiff was hired as a full-time sales account executive with Defendant MiMedxin October 2015.
ln20l7, Plaintiff ranked number 3 out of 10 in overall sales for her region. Shewas in the top third of sales overall in the company in20l7.
6. Plaintiff never received a performance review. She was never told that herperformance was lacking until after she revealed her pregnancy.
7. Plaintiff was under the care of Pacific NW Fertility Specialists. Plaintiffwas in ahigh-risk pregnancy category and was undergoing treatment and pregnancyplanning.
8. MiMedx had their annual Team Meeting in Orlando, Florida beginning onJanuary 26,2018.
On December 18, 2017, Plaintiff provided MiMedx with a letter from herphysician strongly advising against traveling to Florida for the Team Meeting. Ina letter dated December 14, 2017, the doctor wrote: ooWe learned that Megan hasplans to trave (sic) to Florida and strongly advise that she does not attend this trip.Megan is currently undergoing treatment and pregnancy planning for the nextcouple of months and therefore it is not recommended that she travel to any Zikavirus zones, or zones that could put her at risk for contracting the Zka virus atthis time."
MiMedx's response to Plaintiffs request, based upon her physician's advice, notto travel to Florida, was to threaten to terminate her employment. Specifically,MiMedx advised Plaintiff that unless she ignored her doctor's advice and attendedthe Florida Team Meeting, she would be terminated.
On or about January 5th, 2018, MiMedx, without authoization or permission,contacted Plaintiffs physician to discuss Plaintiffs medical condition and herinability to travel to Florida.
On January 12, ?018, MiMedx placed Plaintiff on a Performance ImprovementPlan in retaliation for her refusal, based on her doctor's advice, to attend theFlorida meeting.
REBA WEISS
WEISS LAWFIRMPLLC12537 l5m AYenue N.E., Suite 108
Seattle, WA 98125
(206) 508-5933
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A second letter from another of Plaintifls treating physicians, dated January 22,
2018, was sentto MiMedx stating: "Ms. Megan Maxwell is currently under mycare for her pregnancy. Since she is pregnant, I strongly recommend she nottravel to Florida due to the risk of being exposed to the Zika virus. The Zika viruscan cause serious issues to the developing fetus."
On February 9,2018, Defendant wrote an email to Plaintiff stating:
You didn't attend National Team Meeting even though your manager and HR toldyou to. You did not have a valid medical exclusion. You are required to attendmandatory business events unless you have a valid exclusion that is approved byHR. Going forward, the expectation is that you comply with the company'sexpectations.
MiMedx has created a hostile work environment for Plaintiff based upon herpregnancy and in retaliation for her inability to travel to Florida due to her high-risk pregnancy. MiMedx has, on more than one occasion, threatened to terminatePlaintiff s employment since she revealed her pregnancy.
Plaintiff has suffered severe emotional distress as a result of MiMedx's unlawfultreatment of her, for which she is getting professional help.
MiMedx has made it impossible for Plaintiff to return to work there due to itsrepeated threats to terminate her and its retaliatory behavior toward her since sherevealed her pregnancy. Plaintiffls treating physician has recommended that she
not return to work at MiMedx for medical reasons. MiMedx has constructivelydischarged Plaintiff.
CAUSBS OF ACTION
WRONGFTIL TERMINATION
Defendant constructively terminated Plaintiff s employment in violation of theWashinglon Law Against Discrimination, RCW 49.60 et seq., and theWashington Sex Discrimination Regulations WAC 162.30.A20 et seq.
REBA WEISS
WEISS LAW FIRM PLLC
12537 l5M Avenue N.E., Suite 108
Seattle, WA 98125
(206) 508-se33
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COMPLAINT - 3
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PREGNANCY DISCRIMINATION AIYD RETALIATION
Defendant engaged in unlawful pregnancy discrimination and retaliation inviolation of the Washington Law Against Discrimination, RCW 49.6A et seq., andthe Washington Sex Discrimination Regulations WAC 162.30.020 et seq.
PRAYER FOR RELTBF
Plaintiff respectfully requests that the Court enter judgment against DefendantMiMedx by awarding her as follows:
1. Lost wages and benefits in amounts to be established at trial;
2. Damages for inflicting substantial emotional distress, pain and suffering,humiliation, anxiety and stress upon Plaintiff, in an amount to be established attrial;
3. Prejudgment interest;
4. Attorney Fees and costs;
5. Monetary Relief for any adverse tax consequences of her award; and
6. Any such other and further relief as the court deems just and equitable.
DATED this 8tr day of May, 2018.
Weiss Law Firm, PLLCAttorney for Plaintiff Megan Maxwell
REBA WEISS
WEISS LAW FIRM PLLC
12537 l5M Avenue N.8., Suite 108
Seattle, WA 98125
(206) 508-5933
wsBA #12876
COMPLAINT - 4
