Woman Accusing Preserve’s Mihailides of Sexual Harassment Sued for Libel - Her Lawyer Blasts Back
Monday, July 24, 2023
This week, the lawyer for The Preserve Sporting Club filed a 170-page answer to Alison McDaniel’s lawsuit alleging sexual harassment by owner Paul Mihailides.
The defendants are now countersuing on 15 counts, which include allegations of computer theft, check forging, online impersonation, cyberstalking, defamation, and libel by McDaniel.
Mihailides' lawyer Nicole Benjamin in the response, paints a picture of a disgruntled employee who cozied up to the Mihailides family -- and only retaliated when she was not given full-time employment with benefits.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTThe Preserve claims it is a premier facility for outdoor activities and hunting located in Richmond, RI. It once claimed a partnership with The Ocean House in Watch Hill, but that structure has been reduced to a "reciprocal agreement."
As GoLocal was first to report, McDaniel had previously filed a ten-count federal lawsuit alleging that she was repeatedly sexually harassed and publicly humiliated by Mihailides, the CEO and founder of the company that claims it is the “most amenity-rich, life-enhancing resort oasis in the nation” in Richmond, Rhode Island.
According to McDaniel's lawsuit, she was hired for a top marketing position at The Preserve, and alleges she was then subject to nearly non-stop graphic sexual harassment.
Following the Preserve's counterclaims -- which included photos of McDaniel's modeling work -- her lawyer Mark Gagliardi said the inclusion of the racy snaps was not only extraneous, it paints a picture of "victim-blaming' by the defendants.
“The Preserve’s retaliatory counterclaims filed [this week] are just another sad example of how Paul Mihailides bullies and punishes people who stand up for themselves and call him out for his bad behavior,” said Gagliardi. “Ms. McDaniel claims that Mr. Mihailides has regularly threatened other employees with legal action when they voluntarily ended their employment at the Preserve. Here, the counterclaims are all lies.”
"I am also deeply troubled by The Preserves’ attorneys’ attempts to 'victim shame' my client by including in the counterclaim decade-old photos of Ms. McDaniel in a swimsuit, implying that she did something wrong by posing as a swimsuit model,” said Gagliardi of photos contained in the countersuit. “These photos serve no legal purpose and are sexist, classic victim-blaming.”
Counterclaims in Focus
In the response for Mihailides and the Preserve, Benjamin points to McDaniel’s work as a model — and her close relationship with the Mihailides family.
“During the Alison McDaniel Agency’s consultancy, McDaniel tried to infiltrate the Mihailides family by developing a close personal relationship with them,” alleges Benjamin in one section of the countersuit.
“On August 3, 2021, while the Mihailides family was having a family dinner for Mihailides’s birthday, McDaniel sought out the family to wish Mihailides and his daughter a happy birthday. Although she was not invited to join the family, she stopped and posed for a photo and brought gifts,” wrote Benjamin. “On August 28, 2021, McDaniel took selfies with Mr. and Mrs. Mihailides and joked that she was in the family’s last will and testament.”
It was only when McDaniel, a contract consultant who had wanted to be hired as a full-time employee with benefits and did not get a position, began to retaliate, according to the countersuit.
According to the counterclaims, McDaniel “refused to return Preserve at Boulder Hills’s laptop, external hard drive, and other data” and instead “asked to perform more projects.”
Moreover, the countersuit alleges McDaniel “demanded $50,000 for the return of the Preserve at Boulder Hill’s hard drive.”
The suit goes on to say that McDaniel then attempted to sabotage The Preserve’s social media accounts, of which she had administrative control.
Benjamin also points out that McDaniel had previously sued another employer for sexual harassment.
As RadarOnline.com reported in 2014:
“Alison McDaniel — the former General Manager at [Justin] Timberlake's Southern Hospitality restaurant — filed the lawsuit against the "Sexy Back" singer and his business associates in 2009 claiming she was "bullied, degraded, harassed, and ultimately discharged" because of her gender.”
That lawsuit was settled.
McDaniel’s Attorney on Latest Claims
“There was no laptop, no extortion, no falsified check, and no cyberstalking. The hard drive was returned. These are all bald-faced lies. It has been 17 months since Ms. McDaniel’s employment with The Preserve ended, and the fact that The Preserve waited this long to take legal action against Ms. McDaniel for these allegedly egregious offenses is highly suggestive of retaliation against her for filing this lawsuit,” said Gagliardi.
“Accordingly, Ms. McDaniel will be filing a motion to dismiss these frivolous claims as well as a motion to amend her Complaint to assert new claims for retaliation and violation of the Rhode Island Whistleblower’s Protection Act, which allows for treble (three times) damages,” he continued.
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