County employee claims firing illegal

A former employee of the Klickitat County Prosecuting Attorney's Office is claiming that her employment was illegally terminated.

Anna Diamond, a former victim witness coordinator, explained that she was on medical leave when she was fired by new Prosecuting Attorney Lori Hoctor -- and it is illegal to fire an employee while on medical leave.

Hoctor sent Diamond a dismissal letter on Jan. 4, 2011, that reads in part: "I understand that you are an excellent and valued employee. Due to personnel changes accompanying the change in administration in this office, your services are no longer required," Hoctor wrote. "I am terminating your employment in the Prosecuting Attorney's Office, effective Jan. 7, 2011."

Diamond, who had served in the Klickitat County Prosecuting Attorney's Office since 2007, was covered under the Family & Medical Leave Act (FMLA) at the time of her dismissal. The FMLA is a federal provision of the U.S. Department of Labor that governs procedure for employees on medical leave, and Washington RCWs also have clauses for protection of employment while an employee is on medical leave.

Diamond said her opinion -- and that of attorneys she has contacted -- is that her termination violates FMLA protection. Diamond went on FMLA leave on Jan. 3.

Former Prosecuting Attorney Tim O'Neill verified Diamond's leave status.

"Prior to my departure from office," O'Neill pointed out, "Anna was to undergo an operation to her knee and was expected to be out of the office for weeks recovering and undergoing physical therapy. She was to use her sick leave, and was then to be covered by the Family Medical Leave Act provided by the federal government and Washington state."

O'Neill added that Diamond's intention was to return to work as soon as she was physically able.

"To accommodate her further," he said, "I extended the potential time for her return by granting her an unpaid leave from the time of her exhaustion of FMLA benefits through May 1, 2011, in case she did not recover as soon as expected."

Contacted on the matter, Hoctor refused comment.

Diamond said she has spoken with employment attorneys and other agencies regarding her situation.

"Once I returned from FMLA, once the doctor released me from it," Diamond said, "she (Hoctor) could fire me any time because of the at-will status of the office. From the attorneys I've spoken with, and the U. S. Department of Labor, which I contacted, she can't fire me while I'm on FMLA."

Diamond said she misses being able to work at the Prosecuting Attorney's Office.

"I loved my job," Diamond said. "I want it back."

Diamond explained that she is concerned about her dismissal for reasons beyond just how it was done.

"She [Hoctor] is an attorney who broke the law," Diamond said.

Diamond was one of two victim witness coordinators whose employment within the Prosecuting Attorney's Office was terminated earlier this month. The other was Kathy Hayes. It turns out that Diamond's and Hayes' salaries had been partially paid for by grants -- which are now unusable for any other purpose.

"Anna's salary was partially defrayed from funds received from a STOP [Services, Training, Officers, Prosecutors program] grant and court-imposed costs," explained O'Neill. "Kathy's salary and benefits were either completely or mostly paid through a federal grant for the hiring of a second victim witness employee. The federal grant only applies for a second employee, and it is my understanding it cannot be used for an outside contractor or agency."