Decatur Legal

Supervisor Threatens to Hang Worker for Drinking from “White People” Fountain

An African American cotton mill worker in Tennessee has alleged discrimination and harassment by his supervisor. In the article Supervisor Threatens to Hang Worker for Drinking From “White People” Fountain, Untonia Harris states that he used his phone to record his supervisor making comments such as, “Black man, don’t go on this white man’s lift,” and in response to Mr. Harris’ attempt to use a water fountain, “I need to put a sign here that says, White people only.” The supervisor then replied to Harris’ inquiry as to what would happen if he were caught using the fountain, “That’s when we hang you.”

Another African American worker at the mill has filed a complaint with the EEOC for similar instances of harassment and discrimination. Marrio Mangrum claims the same supervisor made similar statements to him such as, “You need to think like a white man.”

In the audio, the supervisor is heard expressing support for the Jim Crow era, when racial discrimination and segregation were enforced, “Back then, nobody thought anything about it,” the supervisor says in the audio. “Now, everybody is made to … think it’s bad.”

In response to the supervisor’s alleged behavior, the owner of the cotton mill told CNN, “It’s crazy that anybody would think to talk like that nowadays. It makes no sense whatsoever. You can’t even comprehend it.” Management for the mill is outsourced to Federal Compress. In a statement to CNN, Federal Compress stated, ““Federal Compress very much regrets that the allegations were not reported to it when the first incident is claimed to have occurred,” and has since fired the supervisor in question.

If you or someone you know thinks they have experienced discrimination due to race, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609.

I Quit! Can I Still Receive Unemployment Benefits?

People often ask us, if I quit my job, can I still recover unemployment benefits? The answer is, “it depends.”

There is a common misconception that an individual who quits his or her job will not be entitled to receive unemployment benefits. Fortunately, that is not always the case. An individual who voluntarily separates from his or her job may receive unemployment benefits if they can show a “good work related cause” for their separation. A showing of “good cause” usually requires that the employee show that the terms and conditions of work have changed in a manner such that a reasonable employee would not be expected to continue that employment. Though each case is different, The Georgia Department of labor and Georgia Courts have held that, under certain circumstances, the following situations may constitute good work related cause for leaving a job:

work conditions that either cause or aggravate a pre-existing medical condition to the extent the employee is unable to perform his or her job duties;
downgrading an employee’s position for reasons other than the fault of the employee;
a reduction in salary that falls below a reasonable rate for that industry or trade;
severe physical or verbal threats made by a co-worker or supervisor;
a material breach of the hiring contract by the employer;
unreasonable employer rules as related to proper job performance;
quitting after receiving notice of termination, but prior to the termination date;
being given the choice between quitting or being terminated.

Even if your situation differs from the situations listed above, you may still be entitled to benefits if you were given no reasonable choice, but to quit your job. So, if you have quit your job, or are thinking about quitting your job, call us! Voluntary separation cases are typically much more complex than termination cases, and we have the knowledge, expertise, and experience to guide you through the process. Call us at (678) 369-3609 or use our contact form.

Jury Awards Montville Grandfather $50,000 in Damages in Excessive Force Suit Against New London, Connecticut Police

According to a recent article Jury Awards Montville Grandfather $50,000 in Damages in Excessive Force Suit Against New London Police, Robert D. Crawford intervened after a fight broke out at a New London High School basketball game. Mr. Crawford, who was 64 at the time of incident, held one of players to the ground until police arrived on the scene. Crawford claims that when police arrived, he was pushed against a wall, put in a strong hold, and forced to the ground. As a result, Mr. Crawford suffered a fractured tooth and dislocated his jaw. Police charged Mr. Crawford with third-degree assault, interfering with an officer and risk of injury to minor.

Police claim Mr. Crawford was verbally confrontational and tensed up, pushing himself off the wall during his scuffle with police. Video footage shows Mr. Crawford facing the wall and falling backward to the ground. There was no audio on the recording that was provided in court.

In a complaint against New London police, Crawford filed a claim for excessive force, false arrest, malicious prosecution, assault and battery, negligence and intentional infliction of emotional distress. Ultimately, a jury decided only on the issues of excessive force and failure to intervene. Earlier this week, the jury cleared six of the seven officers named in the suit and ruled that the remaining officer did in fact use excessive force, awarding Mr. Crawford $50,000 in damages.

If you or someone you know thinks they have experienced false arrest and/or malicious prosecution, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609.

OSHA: Metro-North Violated Anti-discrimination Provisions of Federal Railroad Safety Act

The Occupational Safety and Health Act of 1970 stipulates that employers are required to provide a healthy and safe work environment for their employees. OSHA is responsible for creating and enforcing the standards of safety measures that must be met by employers.

As described in the article OSHA: Metro-North Violated Anti-discrimination Provisions of Federal Railroad Safety Act the Connecticut Department of Labor has found that between years 2011 and 2013, Metro-North Commuter Railroad Co. violated the anti-discrimination provisions as set forth by the Federal Railroad Safety Act.

The FRSA establishes that it is illegal for railroad carriers to discipline employees who follow a physician’s orders or treatment plan. Employees of Metro-North filed a complaint with OSHA claiming that they were issued written warnings under the railroad’s attendance policy after following their physician’s orders. As a result of such violations, OSHA ordered Metro-North to pay attorneys’ fees and $1,000 in compensatory damages for each employee.

“Metro-North’s policy of making employees ignore a treating physician’s medical instructions or face discipline is unacceptable,” states OSHA’s acting regional administrator for New England. “While Metro-North says it has since changed this policy, this type of procedure, which endangers employees and the public an is illegal under FRSA, should not exist.”

If you or someone you know thinks they have suffered as a result of unlawful actions by an employer , the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609.

Employee’s Suit Accuses Tiffany of Racial Bias

According to the article Employee’s Suit Accuses Tiffany of Racial Bias, a director for the jewelry company Tiffany & Company accuses his employer of a “systematic, nationwide pattern and practice of racial discrimination,” in a suit filed in federal court last week. Michael McClure, the Plaintiff in this action, claims that of the more than 200 management positions that represent Tiffany & Company, only one of these is held by an African-American employee. This figure includes executive officers, store directors and members of the board of directors.

According to McClure’s attorney, Robert D. Kraus, the company’s past and current behavior exhibits “racial bias in the belief, conscious or otherwise, that African-Americans are not appropriate ambassadors for the iconic, luxurious and sophisticated Tiffany brand.” The complaint alleges that after receiving consistent positive reviews throughout his long career with Tiffany, McClure received a negative performance review and the company placed him on a warning for termination, seemingly without cause.

After Tiffany initiated two internal investigations concerning Mr. McClure’s allegations, the complaint states that McClure received an anonymous interoffice envelope, describing to Mr. McClure, “Shortly after Anthony Ledru visited your market he made a comment to a small group of male market vice presidents that I think you should be made aware of. In reference to you, he expressed a surprise that ‘a black man is representing the Tiffany brand.’”

Tiffany has denied such discrimatory practices, stating, “The lawsuit allegations are completely without merit, and the many mischaracterizations will be addressed through the legal process,”

If you or someone you know thinks they have experienced discrimination due to race, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609.