Ex-Forest Worker Files Suit Against University

A former Harvard employee has filed a lawsuit against the University and one of its current employees alleging breach of employment contract and infliction of emotional distress.

Gloria Rapalee, who worked at the Harvard Forest in Petersham, Mass. is suing Harvard and the director of the Harvard Forest, David R. Foster.

Rapalee is seeking declaratory relief from the University in addition to monetary damages of an unspecified amount.

According to the lawsuit which was filed in Worcester Superior Court the University failed to award Rapalee status as a regular employee on the University payroll even after she worked at the Harvard Forest for more than two years.

The lawsuit alleges that the failure to place Rapalee on the Harvard payroll as a regular rather than a casual employee deprived her of fringe benefits, including health insurance.

"We do not understand Harvard University's failure to rectify the wrong committed against my client," said Gary S. Brackett, Rapalee's attorney, in a press release.

The lawsuit further alleges that Rapalee approached her supervisor, Foster, on four different occasions to inquire about her employment status and the benefits to which she said she was entitled but Foster declined to answer her questions or rectify the situation.

Rapalee resigned her position as Foster's research assistant effective on July 1, 1994. She had worked at the Harvard Forest since June 1, 1992.

According to Harvard's employment policy, any employee contracted to work more than 17.5 hours per week who remains in the employment of the University for longer than three months, will be placed on the payroll as a regular employee with full fringe benefits and health insurance.

Rapalee's lawyer alleges that while Rapalee was entitled to regular employee status as of September 1, 1992, she was denied that status by Foster. Brackett also charges that Harvard is at fault in failing to oversee and correct Foster's behavior in the matter.

But it is unclear whether Rapalee worked more than 17.5 hours per week of her own volition, which would not require the University to award her a benefits package or whether she was contracted by Foster to work more than 17.5 hours per week in which case underthe University's policy she should receive fringebenefits and health insurance.

According to the lawsuit, had she been giventhe status of regular employee, Rapalee would havebeen able to join the Harvard Union of Clericaland Technical Workers (HUCTW) and ask the unionfor assistance in negotiating with Foster for anincreased salary.

"[The University has] failed to provide myclient with the cash equivalent of the salary andfringe benefits which are commensurate with thelevel and quality of work she was doing as avalued research assistant," Brackett said in thestatement.

Brackett also said he intends to investigatethe University's treatment of other researchassistants in circumstances that are similar toRapalee's.

Foster refused to comment on the lawsuityesterday and Bob Iuliano the attorneyrepresenting Harvard, did not return phone callsto his office

According to the lawsuit, had she been giventhe status of regular employee, Rapalee would havebeen able to join the Harvard Union of Clericaland Technical Workers (HUCTW) and ask the unionfor assistance in negotiating with Foster for anincreased salary.

"[The University has] failed to provide myclient with the cash equivalent of the salary andfringe benefits which are commensurate with thelevel and quality of work she was doing as avalued research assistant," Brackett said in thestatement.

Brackett also said he intends to investigatethe University's treatment of other researchassistants in circumstances that are similar toRapalee's.

Foster refused to comment on the lawsuityesterday and Bob Iuliano the attorneyrepresenting Harvard, did not return phone callsto his office