A former finance official for the city of Roanoke is claiming that she was forced to work while on medical leave, the latest twist in a contentious dispute with city hall.
Amelia Merchant’s lawsuit, filed Friday in U.S. District Court in Roanoke, accuses the city of retaliating against her for requesting time off under the Family and Medical Leave Act. She asserts the city demoted her and created “intolerable working conditions” that eventually forced her to step down.
Many of Merchant’s allegations mirror those made in an earlier lawsuit, brought in Roanoke Circuit Court in January, alleging that she was pushed out for making complaints of wrongdoing, in violation of a state law protecting whistleblowers.
That case was voluntarily withdrawn in August.
The city hired Merchant in 2001 as a budget management analyst, and she held a variety of positions — including director of management and budget, director of finance, and deputy and acting director of finance — before she retired earlier this year.
In March 2024, Merchant was placed on medical leave for surgery and treatment of a serious neurological health condition. Before she left, Merchant made arrangements for a senior budget analyst, Yen Ha, to attend department meetings in her place.
Her lawsuit alleges that while she was at home, Merchant “received several frantic calls” from city employees who reported that her direct supervisor, Brent Robertson, had barged into a meeting and began to berate Ha and question why she was given authority to be there.
“Though Mr. Robertson did not use physical threats of violence, the level of his voice could only be described as a scream,” the lawsuit states.
Merchant says she was forced to work while on medical leave to deal with Robertson’s “hostility” and “extremely aggressive” behavior, as well other demands of her job. Merchant, who filed a complaint with the human resources department, was aware that Robertson had verbally attacked two other staff members, according to the lawsuit.
The lawsuit also alleges that Merchant, who complained of a “toxic” workplace to the mayor and other members of the Roanoke City Council, was not allowed to speak to them further about her concerns.
Robertson, who at the time was director of finance and assistant city manager, and then City Manager Bob Cowell left their jobs with the city not long after the incidents. Robertson submitted his notice of resignation after Cowell demoted him. In June 2024, Cowell resigned in what he and the city council said was a mutual agreement.
Meanwhile, Merchant returned to work in the summer of 2024 as deputy director of finance but soon learned she would be demoted.
“After having served as a dedicated employee of the City of Roanoke for more than twenty-three years, Ms. Merchant felt forced to retire to escape the unlawful environment,” her lawsuit states. She gave notice of her retirement in October 2024, effective the following March.
Ha, who resigned and took a job as budget manager for Roanoke County, has her own lawsuit currently pending in Roanoke Circuit Court.
Asked about Merchant’s most recent complaint in federal court, a city spokesperson declined to comment Tuesday, citing a policy of not talking about pending litigation.
But in a response to Merchant’s earlier filing in Roanoke Circuit Court, an attorney for Cowell wrote that her allegations have “absolutely no basis in either law or fact. It is nothing more than a self-serving smear against loyal and dedicated public servants.”
Among other things, the response argues that Merchant’s nearly five-month notice of retirement “directly contradicts any contention that the work environment was objectively intolerable.”
In her first lawsuit, Merchant sued Cowell and Robertson in their individual and official capacities, asking for $5 million in compensation. Her complaint in federal court names the city of Roanoke as the only defendant and does not specify how much she is seeking in lost wages and other damages.
Laurence Hammack (540) 981-3239
laurence.hammack@roanoke.com
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