Hardly an Appropriate Response

KANSAS CITY, Kan. (CN) - A Wendy's employee claims in court that a co-worker sexually abused her in a refrigerator and threatened her life, and when she reported it to the manager, the manager "threw pencils" at her.

Rosa G., a 12-year employee, sued Wendy's in Federal Court. She claims she was attacked by David Pacheco, who is not named as a defendant.

Rosa G. claims Pacheco trapped her inside a refrigerator on Jan. 19, "grabbed her breasts, fondled her and pushed her over a cart within in the refrigerator, after which David threatened to kill (her) if she reported the incident."

She says she immediately reported the attack to the store manager Kelly Villegas.

"When (Rosa G.) reported the attack to Ms. Villegas, Ms. Villegas threw pencils at (her) Guerra and did nothing to investigate or remedy the situation," the complaint states.

Villegas is not named as a defendant.

Rosa G. says she reported the attack to police, but Villegas lied to police about the attack and whereabouts of Pacheco. She claims Villegas was immediately arrested and charged with obstruction of legal process or official duty.

She claims Villegas and Wendy's also ignored a previous incident between Pacheco and another female employee. And she says that even the attack and attempted cover-up, Pacheco continued to work for Wendy's until February and Villegas is still the store manager.

She seeks punitive damages for sexual harassment, constructive discharge and intentional infliction of emotional distress.

She is represented by John Garglietti of the Law Office of William Phalen.

Named as defendants are Wendy's Old Fashioned Hamburgers of New York, and Wendy's International.

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