COURTS:
Fired casino host calls suit ‘retribution’
Friday
20 July 2012
2 a.m.
Sun coverage
A casino host fired and accused of wrongdoing by the Palms is alleging the company is retaliating against her because of an alleged sexual harassment issue.
The Palms filed suit this week against Jessica Hemingway, claiming she was fired after misappropriating for her own use important data including lists of hundreds of high rollers and other gamblers.
The Palms claims Hemingway emailed this information to her personal accounts a few months before she was fired July 9. The Palms is seeking a court order blocking Hemingway from using the data or providing it to any competing casino for which she may go to work.
Hemingway suggested Thursday she’ll fight the allegations.
''This is retribution for a sexual harassment complaint I filed. I just found out about it and have just contacted an attorney,'' Hemingway said.
The Palms on Wednesday and Thursday issued this statement about both its lawsuit and about Hemingway’s sexual harassment claim: ''As a matter of company policy, we do not comment on pending litigation.''
The Palms, in its suit, said the state Gaming Control Board is investigating Hemingway’s alleged emailing of the lists to her personal email addresses.
Jerry Markling, enforcement chief for the board, said he couldn’t comment on a pending investigation.
But he said that generally, the misappropriation of company data like customer lists can result in criminal charges.
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Love how the Palms won't comment on pending litigation when they are being sued, but if they are suing someone it's loose lips and tarnishing the defendants name in the media.
Also, I don't doubt that the Palms is preemptively retaliating. The managers at this property have been in the hot seat before for sexual harassment. Terrible PR move on the Palms behalf, instead of quietly settling the case, they involved the media.
Get over it. Sexual harassment exists throughout LV.
What will happen is that Hemingway and her new employer will get sued by the Palms if she/they attempt to use the list to attract players. All casinos will claim proprietary ownership of their high roller lists just as stock brokerage firms have done for decades when a broker leaves with a list of clients.
If the industry allows the diversion and usage of such lists, competing casinos will be free to recruit hosts from other casinos with employment bonues based on their ability to obtain such lists. A bidding war for the host then develops based on the anticipated gaming of the high rollers. For example, the Palms will then be free to actively recruit a host from Hemingway's new employer and promise a bonus if the host can produce a high rollers list from that casino.
It is in the best interest of all casinos that such a practice not be followed.
The sexual harassment suit is a different matter. If true, she could and should sue for damages. It seems like she took an attitude that because she was harrassed she decided to take a client list. She can't possibly think this is the right or proper course of action.
You can't take client lists with you as you jump from casino to casino!! I'm very sure this is all outlined in their employment agreement. Gaming probably considers this a criminal act. She took the wrong path.
Breach and theft of confidential company intellectual property is a separate issue from sexual harassment. The previous story reported that the Palms IT department has proof that the company's data (guest lists and accompanying information) was mailed to her personal email address. Perhaps both parties are guilty of something.
The Palms does not understand they are in a People Business. I play with people I like - and if a Host moves, and the new Casino Offers me matching Comps - It's Good Bye.