Retired in-house attorney denies paralegal’s harassment allegations

LOS ANGELES -- A retired in-house attorney took the stand Thursday to deny allegations that he sexually harassed a paralegal during a company retreat weekend.

Soledad Albarracin is suing former attorney Robert Gardner Wilson, as well as their former employer, Fidelity National Management Services LLC, over allegations he followed her to her hotel room, propositioned her, and tried to kiss her during the company trip to Colorado Springs.

Her suit also accuses the company of sweeping the incident under the rug without an investigation and firing her after she pressed for action.

Henry L. Sanchez of Jackson Lewis PC, the attorney for Wilson and Fidelity, said in opening statements Wednesday that Albarracin had made up the story after she was fired for poor work.Albarracin's suit seeks punitive and compensatory damages for retaliation, harassment, failure to prevent harassment, wrongful termination, and emotional distress. Albarracin v. Wilson et al., BC642922 (L.A. Super. Ct., filed Feb. 6, 2017).

On the stand, Wilson told Albarracin's attorney, Mike Arias of Arias Sanguinetti Wang & Torrijos LLP, that he "absolutely" denies Albarracin's account of the night. He said he never made a move on her, and did not "follow" her to her room; his was simply next door.

Wilson said he did generally recall speaking with their division head, Joseph Tucker, about her allegations.

"I think he suggested it would be a good idea if I avoided interacting with her," Wilson testified.

Former temporary Fidelity employee Linda Hudson testified that she was harassed by Wilson. In a report she said she had submitted to Fidelity, presented as a trial exhibit, she requested a desk where her back would never be to him and called him a "monster."

She leveled accusations in both the report and her testimony that he would appear suddenly behind her, lean over her, and hit her on the head while reaching past her and rubbing his body against her. Under direct examination by Sanchez, Wilson called Hudson's allegations "outrageous" and said they "never happened."

Arias asked Wilson why, if he was innocent of the accusations, he attended a sexual harassment seminar afterward, having already been through the company's standard training.

"Because [Fidelity] told me to do it. They were my employer, I didn't see any harm in going," Wilson said.

Out of the presence of the jury, Sanchez told Los Angeles County Superior Court Judge Samantha P. Jessner that Arias was trying to make the case about Hudson to make up for his client's "lack of evidence," which drew slight laughter from Arias.

When Sanchez asked if Arias found his statement funny, Arias said, "a little."

Tucker, the director of the division that employed Albarracin and Wilson at the time of the retreat, testified in the afternoon that he recalled meeting with both employees about the allegations.

"At the time I did not" doubt her story, he said. "I didn't doubt Bob's story either."

Tucker testified he did not take notes during either meeting, and that he met with officers at the company's Los Angeles location to ask about Albarracin's relationship with Wilson and her work environment.

"Before I left, I wanted to make sure she was comfortable. That was my number one priority," he said. He added that some employees expressed concerns about Albarracin's work quality, however.

The trial continues Friday but due to jury scheduling conflicts, it will be dark on Monday. When attorneys from both sides expressed concerns over time, Jessner chided them for their "unnecessarily" long opening statements and voir dire.