(Name changed for privacy; photo is not the client.)
“Cleota Brown” had worked part-time for a local media outlet for more than 20 years when she was hired full-time to work as an administrative assistant in the human resources department. In that position, she and another employee sometimes covered each other’s duties when one or the other was out. During a casual conversation at work, the other employee mentioned that she received overtime pay when covering for Cleota. This came as a surprise to Cleota because she had been told by their supervisor that when one employee covered the duties of another, it had to be done during regular work hours. With encouragement from her colleague, Cleota raised the issue of disparate pay with her supervisor. Rather than acknowledging the unequal treatment, the supervisor accused Cleota of discussing “confidential pay information” and said this was a violation of the law and company policy. The supervisor then ordered Cleota to attend a meeting the next morning. At that meeting, Cleota tried to hand her supervisor a summary of the National Labor Relations Act (NLRA)’s guidance as to an Unfair Labor Practice. The supervisor refused to look at this handout and instead threatened Cleota with termination. Cleota nonetheless insisted that she had done nothing wrong and left the meeting believing that the supervisor had backed off of her threat of termination. However, just nine days later, Cleota was called into the CEO’s office and terminated under the pretext of downsizing. A week later, Cleota learned that her position was in fact being performed by a recently hired employee. Cleota then realized she had been retaliated against and sought help from JALA, whose attorney Edith Jones sent the media outlet a letter advising them of their violation of Section7 of the NLRA. The letter led to negotiations with the law firm representing the company, and those negotiations concluded with a financial settlement for Cleota that amounted to about a year’s pay. This was a major victory for Cleota, since remedies in a complaint filed with the Regional Office of the National Labor Relations Board would have given her a maximum of 10 weeks of back pay and job reinstatement, both of which were unsatisfactory to her.
About Jacksonville Area Legal Aid
Jacksonville Area Legal Aid is a nonprofit law firm focused on delivering economic, social, and housing justice to low-income and at-risk individuals and families on the First Coast.
If you are an attorney wanting to volunteer with probate and heirs property issues, contact JALA Pro Bono Director Aaron Irving, at (904) 356-8371, Ext. 363, or Aaron.Irving@jaxlegalaid.org.
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