“So you admit to touching her? And keeping your hands on her even though she clearly found it offensive?”
With her words, Ken realized it was probably better to shut his mouth, and he turned toward Barney. If Barney was angered by what Jill had said, he didn’t show it.
“Maria made no claim of sexual harassment in our meeting today, nor in fact has she ever said anything to me in all the months she’s been working here.”
“Why would she? She knew you’d cover for him. Just like before, when the other sexual harassment cases were settled.”
Barney drew a long breath. “I’m sure there’s been some sort of misunderstanding and we’ll be able to work this out amicably. There is no reason to resort to threats.”
“I haven’t resorted to threats. In fact, if anything, you should be thankful that we’re here so you aren’t surprised.”
“I am,” he agreed. “I do think we could discuss the matter more civilly if we take our seats. I would like to hear what Maria has to say.”
“I’m sure you would. We’ll let you read her statement in detail as soon as it’s filed. For now, I’ll speak for her.”
Ken’s eyes went wide, but Barney simply looked at Jill.
“You do understand that you can’t represent Maria for obvious conflict-of-interest reasons?”
“I’m here as her friend.”
“I’m not sure that makes a difference.”
“Then let’s start with this: Both Maria and I will be leaving the firm. We had no intention of informing you of that today, but considering that Maria can additionally make a case for retaliation, I thought it best to get it over with now.”
For the first time, even Barney wasn’t sure what to say. He looked from Jill to Maria and back to Jill. “Did you say you’re both leaving the firm?”
“Yes.”
“Where will you be working?”
“That’s not the issue we’re discussing. Right now, we’re talking about the lawsuit Maria intends to file. We all know that the allegations being made by Lynn and the others are serious, and can you imagine how much more heft their cases will have when Maria comes forward as well?”
“But I didn’t do anything,” Ken mumbled. Barney merely glared at him.
“Do you think anyone will believe that? After everything the others say in court? But of course, it won’t get that far. Everyone in this room knows that you’re going to settle. These cases are almost always settled. I’m not sure I can say the same for Maria. She was pretty upset when she spoke with me. Though I won’t be her counsel on this case, my suspicion is that she may elect to take this as far as it can go.”
Barney straightened his jacket. “I’m assuming that you’re here not simply to inform us in advance that you’re going to file or that you’re leaving. I assume you’re here because you would like to resolve this matter.”
“Why would you think that?”
“There is nothing to be gained by telling us in advance that you intend to make a report with the EEOC.”
“Maybe I just felt a remaining bit of loyalty to the firm.”
“Perhaps.”
“Or maybe I just wanted Ken to know that in addition to ruining the firm and having his savings wiped out, he’s probably going to have to sell that ridiculous car of his by the time Maria is through with him.”
Ken moaned ever so slightly. Barney ignored it.
“How can we resolve this?”
“For starters, Maria wants six weeks of vacation this year.”
“Why would she want six weeks’ vacation when she’s planning on leaving?”
“Because it’s on her bucket list. Because Ken is an ass. Because yesterday, she saw a rainbow when she was walking by a yard with the sprinklers on. Because Maria had to work evenings and weekends because of you and so she hasn’t had a day off since she’s been here. My point is, it doesn’t matter why she wants it. She does, and that’s that.”
“First-year employees are only entitled to a week.”
“Then make an exception. Paid vacation, mind you, which will be added to her final check.”
Ken was about to say something, but Barney held up his hand to stop him. “Anything else?”
“Yes. As far as a two-week notice goes? That’s out. Today is Maria’s last day and she won’t be coming back. She gets paid for these two weeks as well.”
Barney looked like he had eaten something unpleasant. “Is that all? Two months’ salary?”
“Not quite. For her mental suffering, she needs a bonus. Let’s make it… three additional months’ salary on top of those two months.”
Barney was quiet. “And in exchange for that?”
“I’ll have to talk it over with her, but I’m fairly certain you’ll never hear anything from her about any of Ken’s deviant behavior. No reports, no lawsuits. Just over and done and we’ll go our own separate ways.”
Barney was quiet, probably debating how serious Maria might be about all of this. Jill, however, knew exactly what he was thinking.
“She’s not bluffing, Barney. You know how Ken is. You know what he’s done to others and you also know that he sexually harassed Maria. More than that, you know we’re not talking about a lot of money here. Essentially, she’s offering you a gift because as much as she despises Ken, she has great respect for you.”
“And the affidavit?”
“Don’t even go there,” Jill warned. “Maria is not going to lie. However, she won’t sign an affidavit as to what actually happened. It’ll just be forgotten.”