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By  LaNia Coleman | The Bay City Times

A Saginaw man claims he was discriminated against because of his race and ultimately fired in retaliation for complaining, to state regulatory agencies, about race-related workplace mistreatment.

Saginaw attorney Victor J. Mastromarco Jr. on Tuesday filed paperwork seeking more than $75,000 in damages for David Ruffin.

Ruffin, who is black, alleges he was illegally fired from Frito-Lay Inc. in Buena Vista Township.

Ruffin worked for Frito-Lay for more than 11 years, during which he had endured discriminatory treatment, Mastromarco said. 

“(He) performed in a satisfactory or above satisfactory manner and met all of the performance standards,” the suit alleges.

Ruffin was fired April 29 for various allegations including misrepresenting material facts, the suit claims.

“The reasons given for Plaintiff’s termination were wholly pretextual in nature,” Mastromarco said.

The suit also alleges Ruffin was passed over for promotions that went to less experienced white coworkers.

Spokespersons for Frito-Lay were not available for comment late Tuesday.

To Read The Original Article Go To:

https://www.mlive.com/news/saginaw/2009/12/saginaw_man_claims_racial_disc.html

By: Kate Hessling, Tribune Staff Writer

BAD AXE — The former deputy clerk filed a lawsuit in U.S. District Court earlier this month, claiming she had been forced to apply for retirement and was defamed and deprived of her good name and reputation following an argument she had with the city manager late last year.

Susanne (Sue) M. Stahl. is asking the court for a judgment of more than $75,000 to “compensate her for all economic losses and all non-economic losses and all attorney fees awardable under statute,” reads the lawsuit filed May 5 by Mastromarco Firm, of Saginaw.

“The plaintiff further seeks reinstatement to her position,” the lawsuit states.

According to the lawsuit, Stahl claims she was forced to retire after a chain of events, starting with Mayor Bill Cleland asking her to use a key to gain access to the Davenport University Building on Dec., 11, 2008.

The lawsuit states the keys were locked in the office of City Manager John Nugent, who could not be reached at the time of Cleland’s request. Because he was unavailable, Stahl went into his office to get the mayor the keys he requested.

“The plaintiff followed protocol in all respects in this transaction,” the lawsuit states.

As a result of Stahl’s action, Nugent “became inflamed and subjected (Stahl) to extreme and outrageous verbal harassment, stating ‘Who the (expletive) do you think you are? You have really done it this time and have overstepped your authority. What you have done is the same thing as stealing from the city. I am so angry at you, I cannot even talk to you. You work for me. I will deal with you tomorrow,” the lawsuit states.

The lawsuit claims this was defamatory and Stahl was emotionally distressed as a result of Nugent’s “verbal tirade” and “Nugent made it clear that he intended to take adverse employment action by stating, ‘I will deal with you tomorrow.’”

Therefore, the lawsuit states, Stahl was forced to apply for retirement on Dec. 12, 2008 because of the threat of adverse action made by Nugent on Dec. 11, 2008.

The lawsuit also claims Nugent withheld certain vacation and sick pay until the 2009 year so as to negatively impact Stahl’s retirement benefits, which are calculated based on the three highest salary years.

“The plaintiff was constructively discharged, defamed and deprived of her good name and reputation by being called a ‘thief’ without being afforded due process or a name clearing hearing,” the lawsuit states.

In response to these allegations, Nugent said on Friday — the day he learned of the lawsuit — that he wanted to speak with the city’s attorney before making any comment. On Wednesday, he told the Tribune he will not be able to make a comment as he originally intended to because counsel has told him to not make any statements regarding this matter.

“I can’t talk about it with anyone,” Nugent said.

To Read The Original Article Go To

https://www.ourmidland.com/news/article/Former-deputy-clerk-sues-Bad-Axe-7300219.php

By  Gus Burns | fburns@mlive.com

Another former Saginaw police officer has filed a lawsuit, on the heels of a March 3 judgment ordering the city to pay former Officer Danny T. McDole $1 million for discrimination.

Patrick C. Shaltry is suing on claims that Sgt. Anjanette “A.J.” Tuer, head of internal affairs, sexually harassed him and “commenced a campaign of retaliation” leading to his dismissal.

The Saginaw News obtained a copy of the $75,000-plus civil suit that Saginaw attorney Victor J. Mastromarco Jr. filed Feb. 19 in U.S. District Court in Bay City on Shaltry’s behalf.

It names Tuer; Ralph Carter, the city’s labor relations administrator; Thomas H. Fancher, the city’s attorney who was acting city manager; and Police Chief Gerald H. Cliff.

Fancher declined comment other than to note that Shaltry was “discharged for misconduct and that he has a grievance pending, which is on its way to arbitration.”

The suit claims Shaltry “rebuffed” Tuer’s sexual advances and she subjected him to “pervasive harassment and retaliation.”

Shaltry, who joined the department in November 1996, was “wrongly and unlawfully terminated on March 5, 2008,” after the U.S. Air Force ordered him to report to Selfridge Air Force Base near Detroit as part of his reservist duties and he failed to notify the department in accordance with policy, the suit says.

The suit claims Shaltry wasn’t required to give notice because he already was on leave. Prior to the reserve order, Tuer initiated a separate “meritless and bogus” internal affairs investigation that found Shaltry “guilty of certain general orders,” the lawsuit alleges. It was unclear what those orders were.

Shaltry is seeking back pay, lost future pay, bonuses, sick pay, vacation pay, fringe benefits, non-economic damages, litigation costs and interest.

A Bay City jury awarded ex-officer McDole $1 million on claims of racial and disability discrimination by the Police Department in 2005. Tuer placed McDole on administrative leave in November 2005 while internal affairs investigated McDole’s Oct. 14, 2005, arrest of two white males he said assaulted and targeted him with racial slurs.

The suit claimed Tuer told McDole he was an angry black man in December 2005, sparking his claim of racial discrimination.

McDole, 38, was diagnosed with post-traumatic stress disorder before the department fired him in February 2006. His suit claimed that was unlawful and violated his rights under the Michigan Persons With Disabilities Civil Rights Act.

To Read The Original Article Go To:

https://www.mlive.com/news/saginaw/2009/03/another_former_saginaw_police.html

By  Darryl Tucker | The Saginaw News

BAY CITY — Saginaw city officials says they are disappointed a federal jury awarded a former Saginaw police officer $1 million on claims of racial and disability discrimination when the municipality fired him.

Jurors deliberated about two hours Tuesday and ruled that the city discriminated against Danny T. McDole when it fired him.

“We were surprised and disappointed by the verdict,” said city attorney Thomas H. Fancher. “An arbitrator looked at the same evidence and found it was just cause to fire officer McDole. We expect to appeal the verdict.”

The jury awarded McDole $950,000 for economic damages and $50,000 for emotional distress.
The city would pay $250,000 to McDole and his attorneys and an insurance policy will dole out the rest, Fancher said.

The Saginaw News could not reach McDole or his attorney, Victor J. Mastromarco Jr., for comment early today.

McDole, 39, claimed the city violated his rights by breaching the Michigan Persons With Disabilities Civil Rights Act when it fired him in February 2006.

In his suit, McDole claimed he was a member of a protected class by virtue of his medical condition, post-traumatic stress disorder.

The racial discrimination claims stem from 2005, when McDole arrested two white men he said assaulted and targeted him with racial slurs. A month later, the city placed McDole on
administrative leave while A.J. Tuer, the Saginaw Police Department’s head of internal affairs, investigated the assault, the suit says.

McDole agreed to attend counseling sessions from December 2005 to January 2006.

Doctors found that McDole suffered from post-traumatic stress disorder, but that his prognosis for recovery was good and that he was fit to return to duty.

To Read The Original Article Go To:

https://www.mlive.com/news/saginaw/2009/03/jury_sides_with_fired_saginaw.html

Published: Nov. 04, 2008, 12:19 p.m

By  Amy L. Payne | Booth Mid-Michigan

Bay City has agreed to pay its former public works director $200,000 to settle a wrongful-termination lawsuit.

The settlement amount has been filed in Bay County Circuit Court as part of a lien by attorney Gary Bosco, who had represented John Kolessar in the suit. Bosco is seeking payment of a bill for $18,508 for representing Kolessar and his wife, Barbara, from June 2004 to March 2007. Kolessar and his wife sued the city for more than a half-million dollars in 2005, claiming city officials illegally fired him and replaced him with a younger person in violation of federal law.

Bay City Commissioners unanimously voted in July to approve the settlement after meeting in closed session with attorney Laura Amtsbuechler.At the time, city officials declined to release the settlement amount, noting that the city’s municipal insurance would cover the payment.

Bosco’s bill has been added to the creditors listed in the Kolessars’ bankruptcy proceedings in Rio Rancho, N.M. The Kolessars’ current attorney in the case, Victor Mastromarco of Saginaw, will receive one-third of the settlement amount, court records indicate.

Kolessar was hired to serve as Bay City’s city engineer in 1996 by then-city manager James Palenick. Kolessar’s contract with the city indicated that his job was an at-will position.

“The city expressly reserves the right to discharge Kolessar whenever interest of the city may so require,” the documents indicated, according to pre-trial briefs filed by Amtsbuechler.

But Kolessar, 61, argued that Robert V. Belleman, who was acting city manager in 2004 and is now city manager, fired him, in part, because of his age. Kolessar claimed in the suit that he was replaced by assistant city manager Steve Black, who was then 36 years old.

Kolessar claimed that the city owed him more than $499,000 – $30,000 for severance pay, $38,000 for accrued sick time and $429,000 for future pension benefits. He also sought compensation for future medical benefits, as well as punitive damages. Barbara Kolessar sued for compensation for depression, hysterical crying and loss of intimacy with her husband she claims the termination caused.

Contacted in August by The Times after the city approved the settlement, Kolessar said he’d give the money to charity.

To Read The Original Article Go To:

https://www.mlive.com/bctimes/2008/11/city_pays_former_director_2000.html

STACY LANGLEY

April 7, 2008

PIGEON — A former Scheurer Hospital employee who claims she was terminated a year ago, has filed a federal lawsuit in U.S. District Court in Bay City against the hospital seeking monetary damages in excess of $75,000.

Mary Ann Gascho was a registered nurse at the hospital for 35 years. She’s also the wife of the hospital’s President and Chief Executive Officer, Dwight Gascho. She’s claiming the hospital violated her civil rights, firing her after she confronted her husband about an alleged affair he was having with Theresa A. Rabideau, the hospital’s vice president of physicians practices and elder care.

In court documents, Mary Ann Gascho, who is represented by Saginaw attorney Victor Mastromarco Jr., claims the hospital allowed her husband to engage in sexual relations with Rabideau during company trips and that sexual relations between the two also took place at their hospital offices during work hours. The suit claims the hospital tolerated and “did create a hostile, intimidating and pervasively sexually harassing work environment” for Mary Ann Gascho and it “resulted in her ultimate termination.

Scheurer Hospital’s attorney, Gregory W. Moore, refused to comment about the lawsuit and referred all questions concerning the suit to Greg Foy, the hospitals human resources director.

Foy said while he can’t comment extensively about the lawsuit, both he and the hospital are aware of the suit. He said the hospital’s position is that “the lawsuit is without merit.

“The hospital has a valid and enforceable separation agreement with the plaintiff (Mary Ann Gascho), and she was in no way forced or coerced into signing that agreement.

Scheurer Hospital has not yet filed a response to the lawsuit.

Mary Ann Gascho claims in October of 2006 when she became concerned about a possible affair between her husband and Rabideau, she confronted the two, who then confirmed the affair in early November. Mary Ann Gascho states she told her concerns about the affair to her immediate supervisor at the hospital, Lee Gascho, who she claims confirmed he was suspicious that a relationship was going on as well.

The suit also claims that on Jan. 17, 2007 Mary Ann Gascho confronted Rabideau at the hospital. The suit states the conversation was interrupted by Dwight Gascho who came into Rabideau’s office, blocked the doorway and then “physically accosted, battered and physically abused Mary Ann Gascho, dragging her across the hallway and into his office. The lawsuit claims Dwight Gascho then told Mary Ann Gascho she was fired.

Mary Ann Gascho’s suit claims Lee Gascho and Foy did step in and tell her they would get back with her the next day. The complaint states Mary Ann Gascho met with the two on Jan. 19, and they told her she was being suspended for three days and if she “did this again” she would be fired.

To Read The Original Article Go To:

https://www.ourmidland.com/news/article/Suit-claims-civil-rights-violations-by-Scheurer-7301112.php

Midland-based Dow Chemical Co. settled lawsuits by a former company fraud investigator who claimed she was wrongfully fired for uncovering improper spending by CEO Andrew Liveris and others. Dow and Kimberly Wood “reached an amicable settlement” of her claims, Rachelle Schikorra, a Dow spokeswoman, wrote in an email Monday. Terms are confidential, she said. The accord was initially reported Friday on the website of abc12.com.

Settling marks a reversal for Liveris, who is also chairman of the biggest U.S. chemical maker by revenue. After a federal judge rejected Dow’s motion to dismiss the suit in December, the company said it would defend the case “vigorously.”

Victor Mastromarco Jr., Wood’s attorney, said in a statement that the settlement was “amicable.”

Wood, who filed the case under whistle-blower provisions of the Sarbanes-Oxley Act, alleged Dow paid for Liveris family trips to the Super Bowl, World Cup and Masters Tournament, as well as an African safari, prompting the CEO to repay $719,923. She said Dow was “funneling money” to the Hellenic Initiative, a Greek charity Liveris co-founded.

Wood, a 25-year Dow employee, claimed she found millions of dollars in cost overruns during the renovation of the Dow-owned H Hotel in Midland.

She said she was fired in October 2013 after alleging Dow managers improperly recorded expenses to hide cost overruns at the Olefins 2 ethylene project, which she flagged to her supervisor as “financial-statement fraud.”

To Read The Original Article Go To:

https://www.crainsdetroit.com/article/20150209/NEWS01/150209773/dow-chemical-settles-lawsuit-over-whistleblowers-termination

Updated: Apr. 03, 2012, 12:59 p.m.|

Published: Apr. 03, 2012, 11:59 a.m

By: Andy Hoag | ahoag@mlive.com

SAGINAW, MI — Buena Vista Township Manager Bregitte Braddock didn’t promote Detective Sgt. Sean Waterman to interim chief because of “concerns she had about his health,” Waterman claims in a lawsuit.

Waterman’s lawsuit against the township and Braddock, filed Thursday in Saginaw County Circuit Court, claims Braddock violated the 56-year-old Waterman’s rights under the state’s Civil Rights Act and Persons with Disabilities Civil Rights Act when she promoted Sgt. Kevin Kratz to replace the recently fired Chief Brian Booker.

Waterman is seeking more than $25,000 — a figure required to have a lawsuit filed in Circuit Court as opposed to District Court — “to fully compensate him for his loss of back, future pay, bonuses, sick pay, vacation pay, and all other fringe benefits, as well as non-economic damages, (and) attorney fees and costs.”

In the lawsuit, filed by Saginaw attorney Victor J. Mastromarco Jr., Waterman states that on Feb. 29, when Braddock fired Booker, she summoned Waterman and fellow Detective Sgt. James Baker to inform them that she was promoting Kratz to the interim position.

Waterman, who began working at the department in May 1988 and was promoted to sergeant in June 2003, claims Kratz has “significantly less experience as a police officer and had never had experience in running the department.” Waterman states that as the “senior most sergeant in the department,” he would serve as “Acting Chief” when Booker was on vacation or out of town for other duties. Waterman states that he and Baker questioned Braddock’s decision and “indicated that her actions would violate past practice, and the general orders of the (department), since the senior sergeant always had been promoted in the past to acting chief of police.”

Waterman states that Braddock then told him of her concerns about his health. Waterman on January 12 suffered from a heart arrhythmia — a problem with the rate or rhythm of the heartbeat — that caused him to collapse in the Saginaw County Prosecutor’s Office. The incident, previously reported by the News as a seizure, led Waterman to seek the advice of a “prominent” cardiologist, who ordered Waterman to take three weeks off of work but continue his normal activities and to work out at a local gym, the lawsuit states. Waterman was released back to work Feb. 1, and township officials “did not order further tests to be performed,” the lawsuit states.

Braddock’s claims of her concern for Waterman’s health “would make no sense, since she was not involved in (his) medical treatment in the past, and it would appear that she had made this decision based on a perception of a disability,” Waterman states.

Braddock “knew that (Waterman’s) medical condition did not affect his employment, since he has not been evaluated, and was returned to work … and continues to do his job without interference,” he states.

Waterman further claims that Braddock’s statements “could have been a pretext for age discrimination.”

Braddock did not return a Monday afternoon message seeking comment, but told WJRT, ABC12, that “There were a number of issues, but (Waterman’s health) was not the deciding factor on who got the job at all.” Braddock denied telling Waterman that he did not get the job because of her concern about his health, ABC12 reported.

Saginaw County Circuit Judge Fred L. Borchard has been assigned to preside over the case. No court dates had been set.

To Read The Original Article Go To:

https://www.mlive.com/news/saginaw/2012/04/buena_vista_police_sergeant_su.html

City has lost two lawsuits now with totals of more than $2 million

SAGINAW The city has lost two lawsuits now with totals of more than $2 million. And there’s more legal action pending.

There has been $1 million paid out to one former officer and $750,000 to another. Throw in legal fees and the cost of fighting these lawsuits, the city of Saginaw and its insurance company are spending a lot of money defending its police department.

“Negligence, bias and lies that have just snowballed through the years, and someone needs to stop that snowball,” said former Saginaw Police Officer Patrick Shaltry.

Shaltry is the latest person to lay claim to slowing that snowball. A federal jury has awarded Shaltry $750,000, claiming the city of Saginaw retaliated against Shaltry for reporting sexual harassment by his supervisor.

“It’s only a few key players that are doing the same thing over and over again, which is costing the city money,” Shaltry said.

According to the lawsuits, one of the players is Anjanette Tuer, head of Internal Affairs for the police department. She was also at the center of Danny McDole’s lawsuit. Two years ago, a federal jury awarded McDole $1 million in a discrimination suit.

“These are not easy cases to win,” said attorney Victor Mastromarco.

Both Shalty and McDole are represented by attorney Mastromarco, who is critical of city leaders for Saginaw’s legal woes.

“I believe it’s their arrogance that is causing these things to go to trial,” he said.

“We are concerned, but it’s not just as simple, like, ‘Yeah, things are screwed up in the police department,'” said Saginaw Mayor Greg Branch.

Branch says city taxpayers pay a small portion of the awards. Its insurance company pays the rest, and with at least four other similar lawsuits pending, changes are possible.

“There have been a lot of things we have talked about when it comes to Internal Affairs, but nothing has been solidified yet,” he said.

The city is appealing the verdict in the McDole case, and is considering doing the same in this latest legal defeat.

To Read The Original Article Go To:

https://abc7.com/archive/7944431/