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Fired state worker wins suit Judge says bosses' vendetta extended to her BY CHRIS BRISTOL A Jackson County judge awarded more than $300,000 to a former state employee who claimed she was fired for refusing to file a false sexual harassment claim against a co-worker. Laurie Thorson, a former trainee at the Medford branch of the state Support Enforcement Division, wept with joy upon hearing the news Friday. Judge Philip Arnold ruled in her favor after a three-day bench trial last week. "I'm so happy," she said. "I've been waiting by the phone literally for a week, wondering if I won or if I lost. I'm just in shock right now." Thorson, a Jacksonville resident and single mom, sued the state Department of Justice for wrongful discharge and violation of whistleblower-protection laws after she was fired in October 1997. Support Enforcement, which collects child support for people on welfare, is a division of the justice department. According to the lawsuit, Thorson claimed she was the unwitting victim of an office vendetta against the male co-worker, led by her direct supervisor, Diane Vicklund, with tacit approval from then-branch manager Merry Larsen. Central to her case was an arm-touching incident on a hot summer day. According to Thorson's testimony, the co-worker touched Thorson's arm one day while helpfully warning her that wearing a sleeveless summer dress violated an unofficial dress code enforced by Vicklund. Thorson testified that she then asked Vicklund whether this was true, only to be told that she had been sexually harassed and should file a complaint. When she refused, Thorson said Vicklund threatened to fire her. The incident soon came to the attention of Larsen, who also insisted that Thorson had been sexually harassed. Thorson still refused to cooperate, and Larsen later filed a letter of reprimand against the male co-worker. Vicklund, who was eventually demoted and later resigned, did not testify. In his ruling, Arnold said he found no credible evidence that Larsen knew of Vicklund's threat and was correct to investigate the allegation. As a result, he denied Thorson's whistleblower claim. The state's attorney, David Landrum, argued that even though Thorson's performance had been more than adequate, she was too chatty. Landrum also argued that, as a trainee, Thorson was an "at will" employee whose position was not covered by union rules. But the judge ruled that Thorson's tenuous position as a trainee had been "poisoned" by Vicklund's "inept leadership" and that Larsen never attempted to properly assess Thorson's performance. Larsen tried to fire Thorson twice, in August, but was thwarted the first time when Thorson complained to higher-ups in Salem about Vicklund's threat. "It was clear that people really were out to get Ms. Thorson," Arnold wrote. The judge awarded Thorson just over $317,000 in damages, with one proviso: The state can avoid the payout if it hires her back. Thorson would still be owed back wages and attorneys fees. Thorson said she is interested in getting her old job back, but not if Larsen is the manager. Larsen testified she is scheduled to transfer back to Medford in about two months. "I would not ever want to work for her again," Thorson said. "She would be causing me to work under a hostile environment." Peter Cogswell, a spokesman for the Department of Justice, declined to comment on Larsen's transfer and what effect that would have on the ruling. He also said no decision has been made to appeal. "We're going to have to sit down with some folks and talk this over before we know what our next step's going to be," he said. ``Until we go through the opinion, I think it's premature to speculate." Thorson said she would do the same thing all over again, even if she lost the lawsuit. She says the arm-touching incident was blown out of proportion by management. The male co-worker, who now works for a different state agency, eventually filed a grievance and was exonerated. "I wouldn't hurt him just to keep my job," she said. "But it did cost me my job, and it really hurt me. Everybody knew -- my friends and everybody at church -- that I got fired. "I don't mean to cry, but I'm just so happy that a powerful person like Judge Arnold stood up for me. I can't wait to call my mother." Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA