GALVESTON Ã¯Â¿Â½ A local woman has filed suit in Galveston County District Court Apr. 23 in an effort to collect damages from a former employer that were awarded to her four years ago.Avoid the transfer of the assets from RLM to Defendant E-Quest in order to satisfy Plaintiff's judgment against RLM;
Robbie Shaw is seeking reimbursement for which she sued Retirement Living Management Inc. after the company terminated her in December 2001. RLM, however, declared bankruptcy prior to compensating Shaw, and its assets and operations were turned over to another entity known as E-Quest.
The suit, which is in the 212th District Court, alleges E-Quest violated state law, claiming the business must pay Shaw damages and additional fees totaling more $10,000.
Shaw was one of more than 500 employees on RLM's payroll at the time of her dismissal. During her stint, according to the case, Shaw was treated negatively solely because of her race.
"Some of the discrimination she was subjected to included, but was not limited to, being given less hours and being passed over for promotions, which reduced Plaintiff's income," states the suit.
The suit additionally explains that Shaw addressed the allegations of racial discrimination toward her with management, but no action was taken to solve the problems. Instead, more hostility befell Shaw and "her hours were reduced even further."
"Eventually, because of and within a few weeks of making these complaints of racial discrimination, RLM terminated Plaintiff's employment," says the suit.
Shaw subsequently sued RLM in the 56th District Court here in 2002 and obtained a jury verdict and judgment in her favor in 2004. In spite of this, the defendant was not able to carry out its financial obligations as ordered by Judge Norma Venso.
E-Quest assumed its place shortly afterwards.
"RLM transferred their assets to Defendant E-Quest, with the actual intent to hinder, delay, and defraud Plaintiff from obtaining proceeds and satisfaction of the judgment," according to the suit.
Shaw asserts the Defendant is held accountable for liability and fraudulent transfer.
She and her attorney Robert G. Lee demand the following of E-Quest:
Allow Plaintiff to levy execution on the assets or its proceeds from Defendant E-Quest in order to satisfy Plaintiff's judgment against RLM;
Award Plaintiff judgment against Defendant E-Quest for the value of the assets in order to satisfy Plaintiff's judgment against RLM;and
Reinstate Plaintiff to her proper position.
She is also seeking pre-judgment and post-judgment interest at the maximum amount allowed by law, costs of suit including attorney's fees and other relief to which she may be entitled.
Shaw placed a request for a jury a day after filing the suit, which has been assigned to Judge Susan Criss.
Case No. 08CV0414