Would you show me where she called you a drug addict?
What she said was a lie.
You can laugh all you want.
You're gonna answer my question.
I was framed.
May I talk to her for a minute?
You're blowing it.
Was that helpful?
Yes, ma'am.
This is Judy Justice.
Sharna Horn is suing her former employer,
Kimberly Stewart for unpaid wages and defamation of character.
Court, come to order. All rise.
Have a seat, please.
Hello, Judge. Case #2103, Horn versus Stewart.
- Thank you. - You're welcome.
Miss Horn, it is your allegation that the Defendant,
for whom you worked for a relatively short period of time,
- owes you some wages. - Yes, ma'am.
And in addition to owing you wages, you are suing her
because you claim she defamed you by calling you a drug addict.
And she wants my board telling them that I did other acts.
Well, you can't tell me what she told anybody else because that's hearsay.
Could I give you the evidence?
No, you have to wait until I'm finished.
That's your claim, that she owes you money for wages that you weren't compensated for
and that she defamed you. The Defendant says that you were an hourly employee.
You were, in fact, paid for the hours that you worked.
I assume that you are claiming that she paid for the hours that she worked.
She has a counterclaim, and her counterclaim is that after you separated,
parted company, you posted some very damaging and defamatory comments
on the Internet about her organization.
So, why don't we start with you, Miss Stewart, and tell me,
what kind of an organization you have.
Your Honor, what we do is that we provide opportunities for people
who have substance abuse behavior health who may need education services,
such as getting their GED. We do skills training.
We have employers that will staff them as well.
And we also provide substance abuse and behavior health services.
Is it a 501C3 organization?
No, we are a for-profit company as a corporation.
And how many employees do you have?
We currently have seven employees.
And when did Miss Horn come to work for you and what was she hired to do?
She was hired as the Clinical Director and she started on July 21, 2022.
Okay. Before I go to Miss Horn, I want you to tell me,
what special training did you have or is it required to have?
You're the director of this?
I'm the VP of Operations.
Okay. Is there any special training that you had?
Besides having a Masters in Accounting, I have my own accounting firm.
Okay. So, you have a Masters in Accounting and you have your own firm.
Yes.
Okay, and you do Operations for this?
Yes.
And Miss Horn, I'd like you to tell me what your educational background...
You were hired as the Clinical Director.
Yes, ma'am.
So, tell me about your educational background.
I've been in the field for 15 years. I have a Masters in Counseling Psychology.
I have my LPC, which is an independent licensure
And so, when she wanted to do illegal practices...
No-no-no, you're getting ahead of yourself, Miss Horn.
Yes, ma'am.
Did you answer an ad?
Yes, ma'am. I went for the interview, and when I showed up for the interview,
she told me that I could not oversee the clinicians
because she has case managers and that I could not sign off on notes
because I had an LPC. I got the board on the phone that day and she was...
You're getting far ahead of yourself, Miss Horn, and I'm just telling you...
- Who is this person? - My dad, Your Honor.
Okay. I'm just telling you that what you're doing is,
by not just answering my questions, you're not serving your cause well.
- Yes, ma'am. Yes, ma'am. - Do you understand?
Okay. Don't tell me what she told you she couldn't do.
You started working for her on what date?
The date that I actually started working for her was July 27, 2022.
And were you an hourly employee?
No, I was a salary employee, could I show you?
- Yes. - Thank you, Your Honor.
Sarah, would you bring up a July calendar for me?
- I want to see the days in July. - I have it.
Okay. So, this is an offer and it was a pretty nice job.
Paid on a bi-weekly basis, $115,000 a year
with an increase the following year. The work offer
was contingent upon a background check.
Yes, ma'am.
- A drug test. - Yes, ma'am.
Participation in training and any other safety measurements for staffing.
So, between July 21st and July 27th when you started,
was a background check completed?
It was completed.
That's all I want to know, it was completed. Was a drug test completed?
- Yes, ma'am. - Not before she started.
Just a second. Between July 21st and July 27th,
was a drug test conducted?
Yes, ma'am.
It was conducted, but on the 28th. Her drug test was done
on the 28th of July, after she had started.
Okay. So, you took it on the 28th.
Yes, ma'am.
I need from the 27th to August 3rd.
Yeah, the 27th was a Wednesday, August third was the following Wednesday.
Okay. So, she worked Wednesday, Thursday and Friday...
And then, the following Monday, Tuesday. The third would be that Wednesday.
- Five days. - No, ma'am.
Monday, Tuesday, Wednesday and Thursday of the last week.
Her grand opening was the Thursday of that week that I quit.
And what she is talking about, I talked about at the beginning,
before I took the drug test and they said that it was no problem.
I take medication that's prescribed by doctors.
And I have proof that I take medication by doctors, and I'm not a drug addict...
I don't want to get into what medication you take that's prescribed by doctors.
I would assume that we're not talking about blood pressure medication,
and we're not talking about medication for migraines
and we're not talking about stuff to take care of rashes on your arm.
No, ma'am.
Okay. So, let's say you worked there for six days.
How much were you paid?
I was paid $55.29 an hour, but I worked those seven days.
How much were you paid in total?
So, the last paycheck that they gave me, $909.58.
May I see it?
Yes, ma'am. And I wanna send up, I think I have the credit card
because she had owed me money, and here are the days that I worked...
Circled.
Do you have a paycheck?
She did not give me a paycheck. The first one was a paycheck,
the others were direct deposit.
I want to know how much she paid you in total. Let's have it.
So, for just wages itself... - That's all I want to know.
I was paid...
You want to tell me, do you have records, Miss Steward,
about how much the Plaintiff was paid by your organization?
She received two checks. She was paid $1,903.38.
- One thousand... - Nine hundred three dollars...
And that was for?
When we did the drug test, she was gone for over five hours.
Drug testing are supposed to be done before or after work hours.
Then she returned back to the facility between 4:30 and 5:00 PM that day,
and said that she had an emergency, that her friend was in the hospital.
And so, she could not work any time. Then after that, on the next pay period,
Sharna wasn't...
She really only was with you for one week.
Yes.
On what date did you tell her that?
About the 28th, yeah.
On the 28th. Did you tell her that on the 21st?
- I'm just asking you. - No, because what happened that day
was it was a confused interview where I was about to walk out.
Okay, well, I'm getting unconfused.
Sharna Horn is suing her former employer,
Kimberly Stewart for unpaid wages and defamation of character.
Kimberly is countersuing for property damage and slander.
So, she really only was with you for one week.
Correct. And then, on the next pay period, because she was paid for those three days
and the time that she took off, we put her on the hourly rate
because she didn't work a solid two weeks.
At any rate, we paid her for the time and days she was there.
And so, we don't owe her any money. She was paid in full.
Well, you were actually paid almost $2,000 and you were there for five days.
What she said was a lie. I never took off time...
Just a second. I said something.
Don't say what she said was a lie. You were paid almost $2,000,
and you worked for five days.
Seven days.
Well, when you went to take your drug test, what time did you leave?
Well, the other person...
Just a second. What time did you leave?
I did not leave from anything, I did it on my own, before I started.
So, is what you're telling me that the Defendant was incorrect
when she said you were gone from the facility...
Yes, ma'am.
Do you have anything to support that, that she was gone for four hours?
Ma'am, she was gone for half the day, because that's when she ran into my office
and said, hey, there's some stuff that's gonna show up,
will I be fired? Or am I going to have a job?
When did you have that discussion with her?
That was on the 28th of July.
Did you ask her what substances?
Yes.
Did she tell you?
Yes.
- For my information, Miss Horn, - Yes, ma'am.
how much do you think, in addition to the $1,903 that you were paid,
do you think you're owed?
Ten hours, ma'am.
Ten hours. Which ten hours?
That's from the week of the... The second week, not the first week,
because I never left. I actually stayed late the day before their grand opening,
because she ordered a sofa...
Are you charging her for those hours that you stayed late?
Yes, because that's work.
Now, okay, what else? Right now, we're just playing with time.
I passed everything and I was told I would be fine.
- Just a second. Who told you that, she? - Yes, ma'am.
When did she tell you you would be fine?
I went to her, I said, there's gonna be a drug test,
here's the medications that I take.
On what date did you tell her that?
About the 28th, yeah.
On the 28th. Did you tell her that on the 21st?
- I'm just asking you. - No, because what happened that day
was it was a confused interview where I was about to walk out.
Okay. Well, I'm getting unconfused. So, you went in to her,
before she got the results of the test and asked her, specifically,
these are the medications that I take, this is what's going to show up,
is it going to be a problem?
- This is common, Your Honor. - Is who?
This is common in my field, to take drug tests for all the field.
- You're gonna answer my question. - Yes, ma'am.
My question is, if you knew that it might have been a problem,
you did not tell that to her on the 21st of July,
or the 22nd, or the 23rd, or when you started.
But not until, either right before or right after you took the drug test.
That's when you said you went into her office and said
these are the medications that I take, is it gonna be a problem?
Yes, ma'am.
Mr. Horn, actually, I'm glad you're here with your daughter.
- May I talk to her for a minute? - No.
- Okay. - You may not talk to her.
Could I show you a picture of the inside of the facility
of what happened in that facility, please?
- No. You left. - Yes, ma'am.
And I find that the records are so, actually... You don't have records.
Unless that's something that you want to show me.
You want to show me something about your employment hours?
You were paid almost $2,000 for the few days you worked there.
As far as I'm concerned, it didn't work out.
You hated it there and she wasn't crazy about you.
Because I had to leave because I was gonna be violating state law
and federal law, which she's already done, Your Honor.
I'm gonna ask you... You've been doing what you're doing for 15 years.
Yes, ma'am.
Tell me what job you had that lasted more than three years.
I've moved, Your Honor.
Tell me who you worked for in the last 15 years, more than three years.
I can't, because I was in graduate school and then I went to do my PhD.
So, you weren't in this field for 15 years, you were in school.
I've been seeing clients since 2007.
Privately.
No.
Well, what I asked you is, who did you work for in the last 15 years
more than three years?
University.
Is that where you went to school?
Yes, ma'am.
Is that where you went to school, for how many years?
Five years.
Your father wants to have a word with you before I'm finishing up with this case.
You want to have a conversation with her?
You're blowing it.
You answer her questions directly and don't go anywhere else.
Okay.
- Was that helpful? - Yes, ma'am.
Okay. We're leaving the salary that you think you're owed.
You say that the Defendant called you a drug addict
and thereby, limited your ability in your chosen field.
So, show me, tell me. May I see?
I would like to submit the board allegations, because everything...
Just a second. Just...
And may I provide the timeline for what happened?
What I want to know is, what is this?
That is a falsified document...
Just a second. It is a document.
It's my board stating that I did things I did not do.
I highlighted the bottom...
To your board or to The Board?
Ssh! Okay. So, this says a complaint was filed against you
with the Arizona Board of Behavioral Health.
The complaint alleges that you may have committed an act
of unprofessional practice... Somebody filed a complaint against you.
- She lodged a false complaint. - Ssh! No.
- Somebody lodged a complaint against you. - Yes, ma'am.
It doesn't say who lodged a complaint against you,
It says a complaint has been filed. You didn't file this document.
Yes, she did.
Excuse me?
It's her signature at the bottom.
The types of documentation that were filed was List of Medications,
Harassing and threatening emails and text messages,
and Budget left in desk. I don't know what that means.
She said I had all of my possessions, but how did she only have my budget?
Just a... I'm telling you that this is what it says.
Yes, ma'am.
Okay? The CEO filed this document,
and you swore to the accuracy of this document.
Well, this report says that you were complaining
that the person who was doing intake had to have a Masters level.
Don't look at any papers. That's what you were complaining.
- That's your first complaint, - Yes, ma'am.
that the person doing intake. And somebody said to you
that the person who was doing intake was just taking basic information.
And once the basic information was taken, they would be assigned to somebody else.
But Your Honor, she said that she wanted to get some substance use information.
My state board gave me this paper that I'd like to submit.
Just a second. I don't care about your state board, actually.
The question is does she owe you any money?
She doesn't owe you any money for salary. I've already determined that.
I see what she was supposed to pay you. It's not that you were working there
for days, you have hours that you think you want to be paid for,
that's not happening. You were paid almost $2,000.
in what I gather, was a very acrimonious few days.
I mean, you're talking maybe the five days or seven days, you were compensated.
Forget it.
Do you have any security footage of her...
- I do... - Put your hand down!
- She said she had... - Put your hand down!
You're gonna see the video.
Not the video. She stated in a document she had video of it.
I don't think you understand the court process.
Sharna Horn has accused her former employer,
Kimberly Stewart, of defaming her. Kimberly claims
Sharna caused property damage and slandered her business.
The only other thing that I have to determine is
whether or not she called you a drug addict.
Now, would you show me where she called you a drug addict?
It wasn't just the drug addict, it was the false documents that I, I...
No-no-no-no, she's allowed to file a complaint against you, madam.
But I never had a police officer come to me, question me or anything.
So, if I did it, they would have come to me.
Just a second. What I'm telling you is,
she is allowed to file a complaint against you.
Yes, ma'am.
They have a responsibility to look into the allegations of that complaint.
Did they either sustain the allegations in this complaint?
Well, this is just August, so I assume they haven't completed the investigation.
- Or have they? - No, ma'am.
Okay. So, they have not.
That's why I'm filing defamation, because this...
She's doing it on purpose.
I'll let you have one more go at it.
You say she's doing this on purpose. Do you have...
Yes. I have my father, who's a witness from court one day.
What court?
Can I explain?
Don't speak.
We were in court because they tried to file an injunction for harassment,
and the judge, my dad...
Just a second. Went to file an injunction against you for harassment?
Yes, ma'am, right after I went to police.
Just a second. And were you served with a document?
No, ma'am.
Well then, how did you end up in court?
I saw the document on my door, and unlike the Defendant,
I went to the court to take care of it.
You can laugh all you want, but I took care of it.
- She served... - You have to be served with it.
I'm actually finished. I asked one question.
And you tell me that you have the answer to that question.
We're going to repeat the question. Whitney's gonna...
And don't go off on this question. Just stick to what the question was.
She said they did this thing in sort of either retaliation or on purpose or...
She said, "That's why I'm filing defamation
because she's doing it on purpose.
On purpose. Okay, and it was the on purpose and you said
you wanted your father to testify to that and on purpose. Now go.
Stand up next to your daughter. You are limited to the following:
You are limited to telling me proof that you have, on behalf of your daughter,
that the Defendant has filed these charges against her,
not on purpose, because she absolutely did them on purpose,
but I assume that you meant maliciously.
- Yes, ma'am. - Now I'll hear you.
Okay. I'm gonna keep this succinct.
Maliciously. What evidence do you have that the Defendant
filed this complaint, and swore to this complaint, maliciously?
I have no proof, but...
Then you have no proof. Then you can sit down.
Right, but that's not the question she asked.
All I want to know is, maliciously. Now you can sit down.
Okay. Now we're gonna get to the last question that I have for you
and then we're done. Do you have anything in writing
where she called you a drug addict?
Your Honor, in the complaint to my board...
Okay, we're done. We're done. So, now we're on your case.
Now we're on your counterclaim. Your counterclaim is for property damage.
What property?
I will show you the documentation to the counterclaim.
Just a second. Don't tell me that you have documentation.
It's a shattered window. When was the window shattered?
The window was actually shattered on August the...
and let me make sure I get you accurate dates, I'm sorry.
- Did you witness it being shattered? - No, ma'am.
If you didn't witness it being shattered, what proof do you have that if...
- Put your hand down! - Yes, ma'am.
- Put your hand down. - I don't have it up.
Well, put it down.
Very good. Better.
We don't have witness, we...
If you don't have a witness, you don't have proof.
Any other property damage? Shattered window... Anything else?
There was a broke lock. The day that she was, um, can I say this, the day that...
No-no-no. I'm very easy.
No, I'm saying the day that she came out to and sent the police
to our facility on a Saturday, the lock, I saw her leaving that day,
and our lock was broken off of our gate.
All I want to know is, did anyone witness her, either...
- No. - Then the answer is no.
Do you have any security footage of her... Put your hand down!
- She said she had... - Put your hand down!
- You're gonna see the video... - No-no!
Not the video. She stated in a document she had video of it.
- Just a second. - Oh, gosh.
I don't think you understand the court process.
So, I'm now gonna tell you, I dismissed your case
and I'm getting very close to dismissing hers.
I'm dismissing those parts of her complaint which allege property damage
because she has no witnesses that you in fact committed property damage.
There's no reason for you to continue looking up papers, your case is dismissed.
- Do you understand? - Yes, ma'am. It's about her case.
Now, the last part of this case has to do with the Defendant's allegation
that you in fact defamed her organization.
I'd like to see, in writing, what you have to prove to me
that the Plaintiff defamed your organization.
I want you to...
I didn't ask you for anything. Now it's her proof. Do you understand?
What I'm telling you, Miss Horn, is your behavior is a little off.
I'm telling you.
Because I was framed.
Just a second. Your behavior is off. And I've told you why.
I've given you specific reasons why. You had two parts of your complaint.
One is for wages, which I dismissed,
and the other one for calling you a drug addict, which you could not prove.
- No. - You're not hearing me.
I asked you for proof that she called you a drug addict. You didn't have it.
Now, proof that she defamed your organization.
May I have it, Kevin?
This is from her and her father. And, um...
Just a second. Her father isn't a party to this action.
Can I speak to the counterclaim 'cause I have proof?
From her. Her texts.
- How... - It's her texts.
This is from him. I'm not interested in anything from him.
Sue him, if he said nasty things to you.
Your Honor, it's just not nasty things. Um, this all came about
because of everything Sharna has done, she doesn't realize is that...
- Listen to me. - Yes.
None of this comes from her.
She's on it. Her name is on there.
I don't care whether her name is on it, none of this comes from her.
They cc'd her.
This is proof.
Put everything away. Put all your papers away.
I'm not coming back to you, unless I in fact see that there's any validity
towards her counterclaim, then I'll come back to you.
Right now, your claim is dismissed. Both counts of your claim is dismissed.
I've dismissed her claims for shattered window and a broken lock.
And these emails do not represent any form of defamation.
If you have nothing else, your claim for defamation is dismissed.
Do you have anything else? The answer is yes or no.
- No, Your Honor. - No.
We're done. Thank you, bye.
- This court is adjourned. - Thank you.
Our facility and myself have done nothing wrong.
I think I got flustered, which is fair.
We're doing everything according to the Arizona State Board and laws.
- I actually thought that they paid her. - Mm-hmm.
She complained that she hadn't gotten her second paycheck.
If you look at the documents, the documents say that they went right in
and bookkeeping corrected that and sent her out the second paycheck,
so that was nonsense.
And there was absolutely zero proof that they called her a drug addict.
Except for in a valid document that they filed, which they had the right to do.
It wasn't the type of slander we usually see where it's plastered on the Internet.
Or anything like that.
And certainly, the Defendant didn't present any proof
other than some nasty emails back and forth by her father.
Maybe he's just being a supportive parent.
Anyway, I hope she finds a job that's comfortable for her.
And some peace.
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