The woman says during her stay last April the employee used a universal hotel card to break into her room while she was sleeping.
It happened at the Marriott hotel in Schaumburg last April, where the woman, Katherine Olson, was staying during business trip. She ordered room service while preparing for a presentation the next day before going to sleep. A short time after midnight she says she was shocked to find someone in her room.
"I woke up with the waiter who had served me earlier room service on top of me naked," Olson said.
According to a lawsuit Olson has filed against Marriott, the waiter, 50-year-old Mauricio Rodriguez, finished his shift but stayed around the hotel drinking until he became intoxicated.
"It was clear he was drunk," said Olson's attorney Chris Hurley. "They found him passed out in her bed with his trousers on backward."
The lawsuit claims Rodriguez entered Olson's room using a master key card he was not supposed to have access to. It alleges Marriott should have kept better control of access to that key, should not have allowed Rodriguez to drink on the property after work, and should have provided better security.
Olson says she woke up before anything more serious could have happened.
"I woke up and just, once I came to realize what was happening, I basically, I just pushed him off and just ran out of the room and down the hall," Olson sad.
Olson's attorney says she filed the suit to try to keep this from happening to anyone else. As for her, it's been difficult to deal with.
"I have flashbacks of waking up seeing this man on top of me," said Olson. "I have nightmares and obviously travelling is very uncomfortable now, staying in hotels."
Attempts to reach the Marriott Corporation for comment were not successful.
As for the suspect, Rodriguez, he pleaded guilty to battery and has already served a 60-day sentence in the Cook County Jail.
Rodriguez is not named in the lawsuit.