5 Fusion & Sushi Bar lawsuit dismissed

Published 12:00 am Thursday, September 27, 2018

A wrongful discharge and sexual harassment complaint against 5 Fusion & Sushi Bar on NW Wall Street and chef Joe Kim has been dismissed with prejudice, according to Deschutes County Circuit Court filings.

The Aug. 28 dismissal states the defendants have not appeared, or filed a response or counterclaim in the case. Nor have any hearings been set, according to court documents. Kim confirmed Wednesday that lawsuit never went to court for a hearing or trial and has been dismissed.

“There was an agreement signed with the dismissal,” Kim said. He declined to spell out what that agreement entailed but said the employee, Erin Hardy, is no longer working at the restaurant.

In the lawsuit filed in June, Hardy stated that Kim, the restaurant’s executive chef and co-owner, regularly drank on the job, yelled at employees, used a Taser on an employee and threw plates in the kitchen.

In addition, the suit alleged he made sexual advances to other employees and subjected Hardy to a hostile working environment. The last incident, according to the lawsuit, occurred March 1 when Kim tried to kiss Hardy in a closed food closet.

Eleven days later, Hardy resigned from her job.

Hardy’s lawyer, Alison Emerson, of Bryant, Emerson LLP in Redmond, would not comment about the dismissal of the lawsuit.

The lawsuit does not state what kind of work Hardy did at the restaurant.

Kim was named three times in a row as a “Best Chef: Northwest“ semifinalist, a coup for a Central Oregon chef. In 2016, Kim was asked to cook at the James Beard House in Manhattan’s Greenwich Village neighborhood.

In the complaint, Hardy alleged that after she resigned, Kim apologized for “any negative impact that I may have caused.”

— Reporter: 541-633-2117, sroig@bendbulletin.com

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