BECKLEY, WV (LOOTPRESS) — A Raleigh County assistant prosecutor has filed a lawsuit alleging former Prosecuting Attorney Benjamin Hatfield created a sexually hostile workplace and retaliated against him after he reported misconduct to state disciplinary authorities.
Joshua Thompson filed the civil complaint October 6 in Raleigh County Circuit Court. The lawsuit names Hatfield, the Raleigh County Commission and commissioners Linda Epling, Daniel Hall and Gregory Duckworth as defendants. The commissioners are named in their individual capacities.
Thompson alleges violations of the West Virginia Human Rights Act and the state Whistle-blower Law. He is seeking compensatory and punitive damages, attorney fees, costs and a jury trial.
The complaint presents Thompson’s allegations. It does not include responses from the defendants or a court ruling on the claims.
Complaint describes sexually charged workplace
Thompson, a Wyoming County resident, states in the lawsuit that he has worked as a Raleigh County assistant prosecuting attorney since 2019 and remained in that position when the complaint was filed.
According to the complaint, Hatfield served as the county’s elected prosecutor from January 2022 until his resignation on or about October 25, 2024.
Thompson alleges Hatfield routinely made sexually explicit and degrading comments about female employees, discussed sexual relationships at work and sent sexually explicit communications to at least one female prosecutor.
The complaint also alleges Hatfield made an explicit remark about the physical appearance of Thompson’s wife, who also worked as an assistant prosecutor.
In one incident dated July 31, 2024, Thompson alleges Hatfield gathered three employees in an office with the door closed and locked and described details of a sexual relationship during working hours on courthouse property.
The filing further alleges an employee of Just For Kids told members of the prosecutor’s office about explicit photographs Hatfield had sent to another employee of that organization.
Thompson also alleges that on August 22, 2024, Hatfield forced him to go to the basement of the prosecutor’s office and listen to approximately 40 minutes of audio of a sexual encounter involving Hatfield.
The lawsuit describes the alleged workplace environment as pervasive, humiliating and disruptive.
Thompson says he reported misconduct to investigators
According to the complaint, Thompson and seven other members of the office met with representatives of the West Virginia Office of Disciplinary Counsel at a Beckley hotel on October 7, 2024.
Thompson alleges he told investigators about sexually harassing conduct and other alleged misconduct, including the theft of iPads and destruction of documents after instructions had been given to preserve them.
Those accusations are described in Thompson’s complaint; the filing does not establish that investigators substantiated them.
After that meeting, Thompson alleges, Hatfield stopped speaking to him despite remaining his direct supervisor.
The complaint states Hatfield began entering and leaving his office through a fire escape to avoid contact with Thompson. Thompson characterizes that conduct as being “froze out” at work and alleges it continued until Hatfield resigned.
The lawsuit does not allege Thompson was fired. Instead, it claims Hatfield retaliated by changing the conditions of his employment and refusing to communicate with him after he reported the alleged misconduct.
Filing alleges threats against office employees
Thompson’s complaint also describes alleged threats directed toward other employees who did not support Hatfield.
According to the lawsuit, Hatfield told several employees on August 14, 2024, that he “had dirt on them.” The filing alleges his secretary and an investigator also made statements warning of consequences for employees who failed to stand behind him.
The complaint further alleges another employee, Chad Lilly, was fired on October 19, 2024, for making legitimate complaints to authorities.
Thompson also alleges Hatfield kept a sawed-off shotgun in his office. The filing states employees became frightened when Hatfield arrived carrying a duffel bag on October 9, 2024, amid concerns about his behavior.
According to the complaint, Thompson asked three sheriff’s deputies to come to the prosecutor’s office that day. The filing does not state that a weapon was inside the bag or that Hatfield displayed a weapon during that incident.
Commission accused of failing to intervene
The lawsuit alleges the Raleigh County Commission knew about concerns within the prosecutor’s office but failed to take prompt or appropriate corrective action.
Thompson claims the commission’s legal counsel regularly worked within the office and observed Hatfield’s conduct. The complaint further alleges information about the workplace environment was communicated to commissioners.
According to the filing, the commission retained an outside human resources firm in August 2024 to investigate misconduct allegations.
Thompson nevertheless alleges the commission failed to adequately address the situation while Hatfield continued supervising employees. The complaint does not include the outside firm’s findings.
Three claims seek damages and jury trial
The lawsuit asserts three causes of action: retaliation or reprisal under the West Virginia Human Rights Act, violations of the West Virginia Whistle-blower Law, and sexual harassment or a hostile work environment.
Thompson alleges the harassment and retaliation were connected and continued through Hatfield’s resignation.
He claims damages involving lost wages and benefits, humiliation, embarrassment, inconvenience, and other non-economic losses. Although the complaint states he remained employed, it seeks employment-related losses in amounts to be established at trial.
The lawsuit does not specify a total dollar amount.
Thompson is represented by attorney Mark A. Atkinson of Atkinson & Frampton, PLLC, in Charleston.
