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A lawsuit was filed in U.S. District
Court in Jackson on October 5 on behalf of
McKenzian James Churchwell by the Nashville
law firm of Stewart, Estes & Donnell. The
suit named as defendants the Northwest
Tennessee Economic Development Council, the
Northwest Tennessee Head Start Program and
Pamela Castleman, individually and in her
capacity as the director of the Northwest
Tennessee Head Start Program.
The suit alleges Churchwell, a former
employee in the maintenance department of
Northwest Tennessee Head Start preschool
program, was wrongfully suspended for nearly
five months with pay before being terminated
via an e-mail to his wife, Melonie
Churchwell, human resources coordinator for
the Head Start program, from Pamela
Castleman, director of the program.
The defendants filed on answer to the
lawsuit Friday, December 7, and as a first
defense stated Churchwell fails to state a
claim upon which relief can be granted.
Churchwell contends the defendants, by their
actions, violated provisions of the Family
Medical Leave Act (FMLA) by discharging
and/or unlawfully discriminating against him
for exercising his rights under the FMLA.
In the answer filed Friday, the defendants
state Churchwell is not an “eligible
employee” as defined by 29 U.S.C. and
2611(2) and is therefore, not covered by the
Family Medical Leave Act.
Following are points of Churchwell’s lawsuit
and the defendants answers to the suit:
* Throughout the course of Churchwell’s
employment with the Head Start program, he
was asked to perform and did perform
numerous duties for “upper management” that
did not concern the Head Start Program.
These jobs, such as moving personal property
at his supervisor Tracy Webb’s mother’s home
and taking Head Start furniture to private
individual’s homes and/or offices, including
the home of Pamela Castleman, were performed
during work hours.
(In response to the allegations, the
defendants admit that Churchwell assisted
Webb on one occasion with some work on
property owned by Webb’s mother following
the death of Webb’s father. The defendants
further admit that on one occasion
Churchwell delivered a cabinet marked for
disposal to Pam Castleman’s house without
her request or knowledge. The defendants
stated they are without knowledge or
information concerning any other duties and
demand proof.)
* That his sister, Lora Wofford, had
previously discussed numerous issues of
financial and/or other illegal conduct at
Head Start mismanagement with the U.S.
Department of Health and Human Services,
resulting in an independent audit of the
Head Start Program by the certified public
accounting firm of Alexander Thompson Arnold
PLLC.
* The independent audit eventually revealed
numerous questionable practices including,
but not limited to, mismanagement of Head
Start funds.
(In response, the defendants admit that an
independent audit was conducted, but deny
any allegations of illegal conduct or
mismanagement, financial or otherwise.)
* On or about April 2, 2007, Head Start
facilities administrator Tracy Webb informed
him that “lots of people” were mad at his
sister, Lora Wofford. Churchwell also
alleges that Webb threatened him, stating
that he had friends in “high places: and
that he would see to it that anyone involved
with Ms. Wofford’s investigation of the Head
Start Program would not ever get another job
in the state of Tennessee.
(In response, the defendants stated they
were without knowledge or information
concerning the allegations and demanded
strict proof thereof.)
The lawsuit states Churchwell was suspended
and later fired in retaliation for coming
forward to nine various county mayors who
sat on the Northwest Tennessee Economic
Development Council and others to inform
them of improper practices that were taking
place at the Head Start Program. He spoke
with mayors Houston Patrick (Weakley
County), Macy Robertson (Lake County), Benny
McGuire (Obion County, Richard Hall (Dyer
County), Larry Griffin (Crockett County),
Joe Shepard (Gibson County), Brent Greer
(Henry County), Jimmy Wiseman (Benton
County) and Kenny McBride (Carroll County).
The suit states that Churchwell made a
telephone call to Mayor McBride to inform
him about the numerous improper and illegal
practices, but decided to remain anonymous
during the call for fear of retaliation.
(The defendants admit that Churchwell spoke
with mayors McBride, Patrick, and Shepard.
However, they deny all allegations of
“improper and illegal practices.”)
On April 11, 2007, Churchwell contends he
was called into Ms. Castleman’s office and
asked, “What’s this about you making calls?”
Castleman and Webb began to interrogate
Churchwell about the calls he had made to
the county mayors, his suit contends. Linda
Brinkley was also in the room during the
discussion, according to the suit.
(In response, the defendants admit that
Castleman called Churchwell into her office
on April 10 or 11, with Webb and Linda
Brinkley present. The defendants also admit
that a discussion occurred concerning
Churchwell’s phone call to Mayor McBride,
but deny the remaining allegations and
demand proof thereof.)
Churchwell states that he was suspended
indefinitely with pay until he could be
investigated for “stirring up trouble.” He
said he was told by Mrs. Castleman to “go
home” and “not come back until we call you.”
(In response, the defendants admit that
Castleman informed Churchwell that he was
suspended with pay until his behavior was
investigated. However, they deny the
remaining allegations and demand strict
proof thereof.)
Churchwell remained on paid suspension until
his termination in early September of 2007,
nearly five months after Ms. Castleman
suspended him.
On April 13, Churchwell met with the
Economic Development Council Board and once
again spoke about the practices of Castleman
and Webb.
(The defendants admit the meeting was held
at which Churchwell attempted to speak and
the meeting was adjourned.)
While on suspension, Churchwell was
diagnosed with a serious form of cancer. He
was admitted to the hospital for emergency
surgery to remove a cancerous tumor. He
underwent surgery on August 31 and remained
in the hospital until September 4.
(The defendants admit that Mrs. Churchwell
called her assistant, Katherine Anderson and
her supervisor, Linda Brinkley and discussed
Mr. Churchwell’s CT scan. Ms. Anderson told
Mrs. Churchwell that she would let the
office know about Mr. Churchwell’s condition
and she and the office staff would be
praying for the Churchwells.)
Castleman notified Churchwell on September 4
that he was going to be terminated due to
“unacceptable conduct.”
(In response, the defendants admit these
allegations.)
During a grievance hearing, Churchwell was
informed that he had been terminated due to
his use of an alias when talking to Mayor
Kenny McBride on April 9, the lawsuit
contends.
(In response, the defendants stated they are
without knowledge or information sufficient
to either admit or deny the allegations and
demand strict proof.)
The lawsuit asks that Churchwell be awarded
damages in the amount of any wages, salary,
employment benefits or other compensation,
including, but not limited to back pay and
front pay, plus an equal amount of
liquidated damages and/or prejudgment
interest, punitive damages, attorney fees
and the costs and expenses of this action.
(The defendants deny all allegations of
wrongdoing and/or liability and further deny
that Churchwell is entitled to any of the
relief requested, including but not limited
to compensatory damages.)
The defendants state they took no adverse
employment action against Churchwell which
was pretextual, retaliatory, discriminatory,
or in any other way illegal or improper. The
defendants deny that they are liable to
Churchwell in any form or amount, including
but not limited to compensatory damages.
All the allegations that were not
specifically admitted or denied are
generally denied by the defendants.
Churchwell requests a jury to hear this
complaint, while the defendants request the
case be dismissed with costs paid by
Churchwell. |
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