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Mother of murdered teen sues Red Cross, claims she was fired illegally

Bangor Daily News - 5/27/2017

May 27--PORTLAND, Maine -- The mother of a teenager murdered by her Biddeford landlord in 2012 has sued a former employer alleging she was illegally fired after taking leave to deal with her daughter's death.

Jocelyne Welch, 49, of Biddeford sued the American Red Cross, Northern New England Region, last month in Cumberland County Superior Court. Attorneys for the organization on Wednesday moved the case to federal court in Portland.

A trial date has not been set.

Welch's 18-year-old daughter, Alivia Welch, and her 19-year-old boyfriend, Derrick Thompson, were shot and killed by James Earl Pak on Dec. 29, 2012, in a dispute over parking and snow removal. He also shot Thompson's mother, Susan Johnson, then 44. She survived.

Pak, 79, pleaded guilty to two counts of murder and one count of aggravated attempted murder in early 2016. He is incarcerated for life at the Maine State Prison in Warren.

Welch, who worked for the Red Cross when her daughter was murdered, went on bereavement leave when she learned of the slayings, the complaint said. She returned in May 2013 but sought a medical accommodation "to assist with her continuing grief."

The accommodation request included working three days a week instead of four, being provided extra leave to attend Pak's court appearances and to not have to work blood drives at certain locations.

"The Red Cross either refused to provide the accommodations, did not respond to the request for accommodations or did not comply with the agreement to provide the accommodations," Welch's attorney, Guy Loranger of Old Orchard Beach, said in the complaint.

In August 2013, Welch accused a co-worker of sexually harassing and assaulting her, the complaint said. The Red Cross allegedly failed to investigate or respond to the complaint.

Welch did not report the incident to police, according to Loranger.

She sought and was granted leave in March 2015 under the Family and Medical Leave Act with a diagnosis of depression and post-traumatic stress disorder, the complaint said. The following September she was asked for and provided medical information about continuing her leave.

Welch was fired Sept. 10, 2015, a day after she allegedly gave the Red Cross the requested paperwork

At that time, Pak and his legal team were preparing for a January 2016 trial in Portland.

Welch is seeking unspecified damages and claims the Red Cross discriminated against her on the basis of a disability and her sex. Welch also claimed the Red Cross retaliated against her because she complained about the alleged discrimination.

The Red Cross on Friday declined to comment on the lawsuit.

"We strive to treat our employees fairly and with respect," Mary Brant, external communications manager, said in an email. "Employment decisions are always heavily considered with all pertinent facts taken into account."

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