JEFF HERMAN, a nationally-recognized advocate for victims of sexual abuse, announces the filing of a lawsuit against LA FITNESS for the sexual assault of a former employee, by Scott Tolbert, a sales manager.
According to the Complaint:
- Jane Doe was hired by Scott Tolbert to work as a front desk clerk and she began work at LA Fitness on October 7, 2013
- On October 10, 2013, Tolbert, as Jane Doe’s supervisor, instructed her to bring a paper and pen to his vehicle, where he was waiting for her. Tolbert instructed Jane Doe to enter the vehicle. Feeling obligated to obey the instructions of her supervisor, Jane Doe complied.
- Tolbert drove Jane Doe to a nearby restaurant and then drove her to a secluded parking lot in Boca Raton. Jane Doe begged Tolbert to take her back to LA Fitness.
- Tolbert began kissing Jane Doe. Tolbert touched Jane Doe’s thighs, breasts, and vagina over her pants. Tolbert kissed Jane Doe’s breasts and attempted to put his hand under her pants and into her vagina. Jane Doe pleaded with Tolbert to stop, telling him that she did not want to lose her job. Tolbert replied that he was the boss and she wouldn’t lose her job. Jane Doe made clear to Tolbert that she did not want to engage in the sexual acts and requested that Tolbert take her back to LA Fitness.
- On information and belief, Tolbert sexually abused at least one other employee at LA Fitness prior to assaulting Jane Doe, and LA Fitness knew or should have known of Tolbert’s misconduct with female employees and failed to take any action to stop it.
JANE DOE NO. 45 v. LA FITNESS (Case 9:14-cv-81048-KLR) was filed Monday in Palm Beach County.
Jeff Herman, the attorney for the victim in this case, states: “A woman should never be sexually assaulted in the workplace. I commend this brave young woman for coming forward and I respect her decision to speak out for other women who may be suffering in silence.”