Genesee County Road Commission Worker Settles Reverse Discrimination Lawsuit for $185,000

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Case Summary

Type of Action:          Whistleblower Protection Act, ELCRA Discrimination

Injuries Alleged:        Mental anguish, emotional distress and outrage

Name of Case:           Robert McKenzie and Richard Schwarz v. Genesee County Road Commission, Kermit Pitts, and Anthony Branch

Court:                         Genesee County Circuit Court 

Case No:                    11-96608-CZ

Tried Before:             Jury (settled on Day 2 of trial)

Name of Judge:          Hon. Richard Yuille

Verdict/Settlement:    $185,000 for Richard Schwarz, only

Date of Verdict:         Jury (settled on Day 2 of trial)

Last Offer to Settle:               ADR for $65,000 for each Plaintiff, Plaintiff Schwarz accepted, Defendants rejected.

Most Helpful Experts:           N/A

Key To Winning:        Disproving Defendants’ alleged proffered business reasons and defenses with the testimony of their own employees and with their own documents 

Allocation of Fault:    N/A

Insurance Carrier:     N/A

Attorney for Plaintiff:            Tom R. Pabst, Michael A. Kowalko and Jarrett M. Pabst

Attorney for Defendant:        Withheld

Description of Case:             

 WHISTLEBLOWER SU­­IT AGAINST GENESEE COUNTY ROAD COMMISSION SETTLES FOR $185,000.00

 

Robert McKenzie and Richard Schwarz, hardworking long-time white employees of Defendant Road Commission, were unlawfully punished and retaliated against for having the courage to do the right thing in the workplace.  Specifically, their two African-American bosses, favored black employees over white employees when it came to the terms and conditions of employment, creating two sets of rules, one set of rules for white employees, and another set of rules for black employees. 

There was one African-American employee in particular whom Plaintiff McKenzie knew had a history of showing up to work impaired from alcohol, and had a concern that he was going to show up to work again in that condition.  Knowing that the suspected alcohol-abusing employee was supposed to drive a big truck filled with heavy materials out on the public roads and highways, Robert McKenzie and Richard Schwarz reported this to employees and supervisors of the Genesee County Road Commission.  No doubt because the public could be put in danger, Plaintiffs’ white supervisor actually told Robert McKenzie, “report it to the police”, whereupon Robert McKenzie did report it to police authorities.  The African-American employee had, in fact, shown up to work that morning and smelled of alcohol. 

  So, Plaintiff McKenzie contacted and alerted the police that this man would be on the roads.  Plaintiff Schwarz assisted both McKenzie and the police officer who arrived at the job site in their investigations.  This same African-American employee was someone that the African-American Defendant Supervisors favored and claimed did not drink on the job.  However, when the employees of the Road Commission where deposed, white employees said that they had personally witnessed the African-American employee either drunk or smelling of alcohol on the job.  When asked why they did not step up and report this behavior, they responded that they were “afraid of retaliation” from African-American Supervisors.

 Ironically, although Defendant Supervisors denied that they knew that one of their favored African-American employees was a drunk, that particular employee filed a lawsuit of his own, and sued Defendants in Federal court because he claimed they knew he was a drunk and did not accommodate him enough, and that, basically they “failed to accommodate his alcoholism and/or drunkenness”!!  In that Federal lawsuit, the African-American employee, whom the Defendant Supervisors were grooming to be a supervisor over white employees with more seniority and more competency, admitted that he smoked marijuana in the workplace, and in fact, smoked marijuana driving equipment down the local expressways in Genesee County, particularly, I-475.  Defendants claimed they had no knowledge of any of this.

The trial started November 15, 2013, and Plaintiff Richard Schwarz settled his case on day two of the trial.

*For more than 30 years, veteran civil rights attorney Tom R. Pabst has been successfully representing people in Genesee County and surrounding areas.  His vast experience has proven effective in protecting the rights of his clients, and thwarting the injustices they have been subjected to.  Time and again, his track record has shown that Tom R. Pabst is one of the leading civil rights attorneys in the State of Michigan.

 

 

Michigan Lawyer's Weekly Verdicts & Settlement: Bev Garvin (II)

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Michigan Lawyer's Weekly Verdicts & Settlement Write-up:

Former teacher sues individual defendants in retaliation claim

Wayne jury finds liability for all, hits HR head with 52K in punitive damages

In a retrial, a Wayne County jury found liability for all four defendants and issued a $721,400 award, including $52,000 in punitive damages against the head of human resources.


Read more: http://milawyersweekly.com/news/2013/12/10/former-teacher-sues-individual-defendants-in-retaliation-claim/#ixzz2n6ctjFy3

JURY AGAIN FINDS FOR THE TEACHER WHO SAYS SHE WAS FIRED FOR REPORTING STUDENT ABUSE

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            This case was tried to a jury verdict twice!  In the first trial, Beverly Garvin, Plaintiff, sought damages from Defendant Detroit Board of Education and individual Defendants Mary Anderson, Laurie Washington, Debra Williams and Rosa Jackson, after being terminated from her job for alleged retaliatory reasons.  In April, 2010, the first jury returned a verdict for Beverly Garvin in the amount of $750,000, which included $490,000 in punitive damages.  However, the Michigan Court of Appeals reversed the verdict, dismissed the School District as a Defendant, and ordered a retrial against the individual Defendants only.

            On November 12, 2013, the second jury in the retrial returned a verdict for Beverly Garvin in the total amount of $721,400, finding liability against each of the individual four Defendants, including $52,000 in punitive damages against the head of HR for the School District, Debra Williams, who was found to have an evil motive and retaliatory intent to punish Beverly Garvin.

            In 2004, Garvin, an eight-grade teacher at Arthur Fischer School in Detroit, was told by some of her students that they were being raped and/or sexually assaulted at home and in foster homes.  Garvin called Child Protective Services (“CPS”), as required by law, though Jackson, the school principal, ordered Garvin not to do so.

            Garvin was immediately demoted to a fourth-grade teaching position, and later taken out of a program that would have led to her being certified as a teacher, meaning that she would only be able to be a substitute teacher.  Her salary was reduced from $52,000 a year to $26,000.

            Garvin later learned that one of her 9-year-old students had been beaten on the school’s playgrounds and forced to perform a sex act on an older school boy.

            When Garvin called CPS, she was ordered to spend all the school days in the teacher’s lounge, staring at the walls, teaching nobody.  These types of rooms are euphemistically called “rubber rooms”, basically in school “jail cells” for teachers who administrators want to punish.  Later, Garvin was escorted out of the school like a thief by security, suspended for five months, then transferred to another school, Murray Wright, where she won a “Teaching Excellence” award.  In 13 years of teaching, Beverly Garvin had a spotless discipline record.  After being punished in all of the above ways, the kangaroo court school hearing was held where the administrators found Garvin guilty of work rule violations, and recommended that she be fired.  Then she was fired.

            The union grieved the matter, and the arbitrator held a favor of Garvin, saying she had not violated any work rules, and awarded her two years’ back pay for violation of the “just cause” Collective Bargaining Agreement.

            In trial court, plaintiff asserted losing her home, job and livelihood for calling CPS, and was retaliated against for doing so.

            Defendants contended that the arbitration award, in and of itself, should have prevented Garvin from making any further type of civil rights claim.

            The jury returned a verdict of $721,400, which, with interest, costs and attorney fees totals $1,097,044.  The jury was asked to, and did, send a message to school administrators everywhere that juries will hold them accountable if they punish good teachers who had the courage to risk everything to protect children who can’t protect themselves!

 

Flushing Chief of Police Awarded $50,000 in Lawsuit

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Flushing Police Chief, Brian Fairchild, who filed a lawsuit as a whistleblower, was recently awarded $50,000 by a panel of attorneys in Genesee County, after being reinstated to his position with the Flushing Township Police Department.

 

In the media: 

Ex-Finance Director For City Of Flint Settles Lawsuit For $250,000

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Case Summary 

Type of Action:          Whistleblower Protection Act (Type I and II); ELCRA Retaliation and Violation

Injuries Alleged:        Loss of employment, loss of wages (past and future), emotional distress/mental anguish, loss of professional reputation

Name of Case:           Townsend v. City of Flint, et al

Court:                         Genesee County Circuit Court

Case No:                    11-97227-CZ

Tried Before:             N/A                

Name of Judge:          Judge Geoffrey Neithercut

Settlement:                 $250,000

Key To Winning:        Proving through deposition testimony that Plaintiff was discharged for reporting and participating in an investigation conducted by the State of Michigan.

Insurance Carrier:     unknown

Attorneys for Plaintiff:           Tom R. Pabst, Michael A. Kowalko, and Jarrett M. Pabst

Attorney for Defendant:        withheld

Description of Case:             

EX-FINANCE EMPLOYEE FOR CITY OF FLINT SETTLES LAWSUIT FOR $250,000 PLUS ENTITLEMENT TO PENSION WORTH IN EXCESS OF $350,000

May 17, 2013 – Michael Townsend settled his Whistleblower Protection Act lawsuit against ex-employer, the City of Flint, and ex-supervisor, Gregory Eason.

            In 2011, Townsend, a longtime employee in the City’s finance department, was requested by the State of Michigan to provide a report to the State concerning the City’s financial status and the progress that was being made.  Upon receiving a truthful and accurate report, the State requested that Townsend and Mayor Walling travel to Lansing and participate in a hearing/meeting.   At the hearing/meeting, when asked direct questions, Townsend answered truthfully.

            Upon leaving the hearing, Mayor Walling expressed extreme displeasure with Townsend’s answers to State representatives, and told Townsend that he “sealed the City’s fate,” and that his comments in answer to questions were “irresponsible.”  Shortly thereafter, Townsend, who was simply performing his job and upholding his civic and patriotic duty to the City and the State, was fired.  This was shortly after an Emergency Finance Manager had been appointed by the State to run Flint instead of the Mayor and City Council.

            During the Mayor’s deposition, it was revealed that Mayor Walling had a discussion with the City’s Emergency Manager, Mike Brown, concerning the possibility of re-hiring Townsend, but told Brown not to let Townsend come back.

            Townsend felt additional pressure from another supervisor, Defendant Gregory Eason. During the course of Townsend’s employment, Defendant Eason demanded that he give “favors” to African-American vendors of the City, which Townsend, an African-American, refused to do.  Eason retaliated against Townsend by threatening to fire him.

            The case settled shortly before trial for $250,000, plus entitlement to a pension worth in excess of $350,000.

            Attorneys for Michael Townsend are Tom R. Pabst, Michael A. Kowalko and Jarrett M. Pabst.

 

Federal Employment Case – Plaintiff gets to jury on retaliation and gender discrimination claims

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BY: Ed Wesoloski In this mixed-motive employment discrimination case, plaintiff’s gender and retaliation claims must be decided by a jury. Plaintiff worked for L & L Products for a number of years. She became aware that that a man doing the same job received a bigger paycheck even though he had worked fewer hours than plaintiff. Plaintiff made an inquiry, ... (above blurb from Lawyers Weekly Website)


Read more: http://milawyersweekly.com/news/2013/05/21/employment-plaintiff-gets-to-jury-on-retaliation-and-gender-discrimination-claims/#ixzz2VAYoUyO9

Genesee County Woman Settles Case Against Employer And Business’s Owner

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In the Media: 

CASE SUMMARY

         Longtime major Genesee County business employee, Heather Anthony, settled her lawsuit against her former employer and the company’s owner, by accepting the case evaluation of $250,000.

            In May of 2012, Anthony was approached by Owner to meet her on a Saturday in a Grand Blanc parking lot.  Having worked for Owner for 15 years, Anthony did as requested.  Upon arriving, Owner entered her vehicle, offered to give her “what she needed” as she had “what he wanted”, forcibly kissed her, and left three $100 bills in her car’s cupholder.  Owner expected an ongoing pay-for-sex relationship.

            The shock of this made Anthony physically ill and created substantial emotional distress knowing that, although she refused his advances more than once, she would have to see Owner again, probably on a continual basis.  Significantly, Owner used his power and influence at the company to obtain Anthony’s cell phone number, which he used to call her – and no other employee – while he was out of town with his wife.  He also tried to meet with Anthony while in the office.

            Anthony reported the incident to the Company’s CEO who stated at her deposition that she believed Anthony.  CEO did an investigation, but did nothing satisfactory to resolve the issue, thereby leaving Anthony unable to work and constructively discharged from her only source of income and a job she successfully held for 15 years.  Anthony also made a report to the Grand Blanc Township Police Department.

            Defendant Company, in a Motion and Brief filed with the Court, took the position that Owner did “at most…what many men do, i.e. used his wealth and ability to provide material favors to a woman, as an inducement to enter into a sexual relationship.”  This outrageous position, coupled with the CEO's deposition testimony that she did not believe that Anthony was making the incident up to extort money from Owner and his company, essentially sealed Defendants’ fates.  Curiously, Defendants offered the purported extortionist and shake-down artist, Heather Anthony, her job back (!), which included handing out company paychecks to the employees she supervised!

            The case settled through Case Evaluation for a total sum of $250,000 - $75,000 as to Company, and $175,000 as to Owner.  Had the case gone to trial, Defendants would have had to pay trebled damages pursuant to Michigan's Ethnic Intimidation statute.

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Articles:​

Michigan Supreme Court Agrees that Motive Does Not Matter in Whistleblower Suits

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​Attorneys Jarrett Pabst, Tom Pabst, & Michael Kowalko with Police Chief Bruce Whitman after the May Decision by the Michigan Supreme Court

​Attorneys Jarrett Pabst, Tom Pabst, & Michael Kowalko with Police Chief Bruce Whitman after the May Decision by the Michigan Supreme Court

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Arguments:

Opinion:

  • The Michigan Supreme Court's Opinion

​​Articles:​

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Saginaw Sgt. Wojciechowski Disciplinary Record Cleared.

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Sergeant AJ Wojciechowski settled her lawsuit against the City of Saginaw shortly after a Whistleblower Complaint was filed on her behalf.  A settlement was worked out through Wojciechowski's union.  Because this settlement was in the client's best interest because the settlement basically "cleared her name", Tom Pabst lowered his normal attorney fee to a modest $2,000.

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Nurse files race discrimination lawsuit against Hurley

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Tom R. Pabst has filed a lawsuit on behalf of another African-American nurse at Hurley Medical Center who was ordered ​not to provide care for a white baby.

Jury Agrees That Student Was Reckless During Gym Class

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Attorney Michael Kowalko won a Jury Verdict in Genesee County Circuit Court, which  took him only 1½ days to try to the jury, and further, it tookthe jury only one hour to deliberate.  They found that defendant minor’s conduct was reckless and that there was zero comparative negligence on the part of plaintiff’s minor.

Articles: