In Bad Faith?
The law firm representing Patrick Perry, et al versus Hardeman County Government rejected the $1.2 million offer to settle the salary lawsuit and accused Hardeman County of negotiating in bad faith while at the same time raising their offered settlement from $2.99 million to $3.35 million.
In a letter dated April 24 to Rob Binkley of Rainey, Kizer, Reviere, and Bell, William C. Sessions of the Sessions Law Firm said, “I find your clients offer to be in bad faith and an indication that Hardeman County Government has no intention nor interest in trying to settle this matter prior to trial.”
On April 18, the Hardeman County Commission countered the $2.99 million offer made by Sessions with $1.2 million. Sessions informed Binkley that even the $2.99 million was old news.
“We had formally removed our $2,999,000.00 settlement demand and on April 7, 2023, made a settlement demand in the amount of $3,350,000.00. Has HCG been told of our April 7, 2023, settlement demand?” he asked.
Sessions alluded that time was running out on the next demand as well.
“In any event (sic) the county commission’s settlement offer is too ridiculous to be taken seriously and our settlement demand of $3,350,000.00 is still on the table, pending our continued review of back owed amounts,” read the letter.
Sessions explained the increase in his settlement demand.
“To explain why the current settlement demand went up you have to understand that a part of this lawsuit is that Hardeman County Government failed to keep accurate records as to the employees’ accrued comp, holiday and vacation time. The accrued time kept by HCG and reflected on HCG time records is incorrect. In some instances, the employee has been shorted several hundred hours of accrued time. Because these plaintiff employees are still employed their accrued time would not have to be paid out in the settlement of this lawsuit at this time. Their accrued time would remain on the HCG books even though the hours maintained by HCG, are incorrect. During mediation this was explained to HCG, and we presented HCG with 3 options – correct the employees accrued time and then pay them for this corrected accrued time (which would leave them a balance of 0 for their accrued time), change the accrued time numbers to reflect the correct accrued time currently owed and not pay them until they leave or do nothing and continue kicking the can down the road. The problem with doing nothing is that each time one of the current plaintiff/employees leaves HCG employment they would have a potential lawsuit as to the incorrect accrued time.”
Sessions also said he is not done talking to county commissioners and others.
“As it appears that the county commission has no serious interest in trying to resolve this matter we need to move forward with the remaining depositions of Bobby Hensley, Mark Gilliam, John Vickers, Jackie Sain, Johnny Weems, Elvis White, Jimmy Sain, Dawn Farias and the HCG 30(b)(6) representative. At this moment we are available to begin taking depositions on May 5, 8-12, 15, 16, 22 – 25. We are also available to depose Dawn Farias in Greenville, TN on May 31 or June 1.”
Dawn Farias, founder of Labor Compliance Consultants, offers help to those wishing to understand better how wage and hour law functions. Upon being contacted, she said she was part of the case, but declined to comment on any aspect of it, including who hired her.
Sessions then asked the attorney for the county to relay a request to the former mayor, alleging he is still involved.
“Jimmy Sain is contacting various plaintiffs regarding this lawsuit and trying to get information from them. At this time, I am requesting that Sain stop contacting my clients,” he concluded.
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How Did We Get Here?
Brought by Hardeman County Sheriff’s Department Investigator Perry in May of 2019 and subsequently joined by more than 85 other dispatchers, corrections officers, and deputies, the suit alleges violations of Fair Labor Standards Act in failure to pay overtime properly and failure to compute benefits. The plaintiffs seek damages for overtime violations, liquidated damages, failure to pay accrued benefits (comp time, vacation and holiday hours) at the end of employment, and the payment of plaintiff’s attorney fees.
Two more lawsuits were brought in June of 2021, alleging pushback for the original suit, saying the county and mayor retaliated against the plaintiffs for asking that their FLSA rights be considered.
According to Hardeman County Attorney Dale Condor said if no settlement is reached, the trial date for the case is October 23.