Former Employee Brings Federal Court Lawsuit Against County Road Department and Supervisor Danny Hale

December 17, 2021
By: Dwayne Page

A former payroll clerk for the DeKalb County Road Department has a federal court lawsuit pending in the U.S. District Court of Middle Tennessee against Road Supervisor Danny Hale and his department claiming she was the victim of discrimination when forced to retire in March 2020 because of her age and that she was not paid for all the time she worked including overtime.

86-year-old Mildred Suffridge is asserting a claim for discrimination in violation of the Age Discrimination in Employment Act of 1967 (ADEA) and the Fair Labor Standards Act of 1938 (FLSA). Suffridge is seeking a jury trial and an award for compensatory and liquidated/punitive damages against the DeKalb County Road Department; an award for damages in the amount of unpaid compensation to be proven at trial, an award of interest and liquidated damages shown to be owed to her pursuant to the (FLSA); an order of reinstatement; an award of attorneys’ fees; and such other further and general relief to which she may be entitled.

The attorney for Road Supervisor Hale and the DeKalb County Road Department, A. Ryan Simmons of Farrar & Bates, LLP in Brentwood, in answer to the lawsuit, denies that the defendants took any employment action toward the plaintiff (Suffridge) because of her age adding that she was not subjected to any form of discrimination in violation of the Age Discrimination in Employment Act and that any employment action was based on legitimate and non-discriminatory reasons. Simmons further contends that Suffridge’s complaint fails to state a claim upon which relief can be granted; that no act or omission on behalf of the defendants violated the plaintiff’s rights under federal or state law; and that the plaintiffs’ claims are barred by the applicable statute of limitations.” The defendants further allege, according to Simmons, that “to the extent the evidence shows the plaintiff failed to exhaust her administrative remedies before the Equal Employment Opportunity Commission (EEOC), she should be barred from now bringing her claims in whole or part” and that “all money due and owed to her by the defendants has been paid. The defendants deny all liability for any claims asserted by the plaintiff and respectfully request that this action be dismissed and that costs be taxed to the plaintiff”, stated Simmons in his answer to the lawsuit on behalf of the defendants.

Road Supervisor Hale, in response to the lawsuit, issued the following statement:

“I, Danny Hale, have been advised by my attorney to not speak of the case. I will say that some business decisions had to be made and in making those the DeKalb County Highway Department had a perfect audit in 2021. This is the first time in 15 plus years the highway department has had a perfect audit. I will always run this office with the integrity, you the taxpayer entrusted me to do,” said Road Supervisor Hale.

The case is set for a jury trial on September 20, 2022, beginning at 9 a.m. at the United States Courthouse in Cookeville. A Pretrial Conference will be September 9.

According to her complaint, filed on August 30, 2021, Suffridge went to work for the DeKalb County Road Department in January 1997 and continued to work there “until her discharge on March 31, 2020”.
The lawsuit goes on to state that “at the time of her discharge, plaintiff (Suffridge) worked as a payroll clerk”

“At the time of her employment with the defendants, the plaintiff performed her assigned job duties in an acceptable and satisfactory manner”. The defendants deny this claim.

“Beginning in January of 2020, when plaintiff (Suffridge) was 85 years old, defendant (DeKalb County Road Department) through its manager Danny Hale made derogatory and discriminatory, age-based comments in the workplace and discriminated against plaintiff because of her age with respect to the terms, conditions, and privileges of employment, including asking plaintiff when she was going to retire, telling plaintiff that she could not hear and was old and telling plaintiff that it was time for her to retire. Defendant’s actions were in violation of ADEA,” according to Suffridge’s complaint. The defendants deny this claim.

“Despite the fact that plaintiff was performing her job duties in a satisfactory manner, defendant through its manager Danny Hale offered plaintiff’s job to a substantially younger person and hired that person to replace plaintiff on April 1, 2020”.

“Defendant through its manager Danny Hale informed coworkers that plaintiff was retiring, and he held a retirement party for plaintiff, even though the plaintiff did not retire and did not voluntarily leave her employment,” the lawsuit continued. The defendants admit that coworkers were informed that the plaintiff was retiring and that a retirement party was held for her but the defendants deny the remaining allegations.

“The plaintiff filed a timely charge of discrimination with the Equal Employment Opportunity Commission (EEOC) and received notice of suit rights on August 27, 2021”.

“During her employment, the defendants classified the plaintiff as a salaried employee exempt from the overtime requirements of the FLSA”.

“The defendants have been solely or substantially responsible for failing to pay the plaintiff correct overtime compensation under FLSA. During the statutory period, defendants have been persons acting directly or indirectly in relation to the plaintiff and thus are “employers” within the meaning of the FLSA”. The defendants deny these claims except that the county was the plaintiff’s employer until the end of her employment.

“During her employment as a payroll clerk, plaintiff was not paid for all of the time she worked or for the time she worked in excess of 40 hours per week”. The defendants deny this claim.

“The plaintiff was not paid minimum wage or an overtime premium of time and half for over 40 hours. This was the common pay practice of the defendants”. The defendants deny this claim.

“The defendants did not pay the plaintiff for all of the time she worked”. The defendants deny this claim.

“Hourly employees who work more than 40 hours per week are entitled to overtime compensation for those hours worked in excess of 40”.

“Under the Fair Labor Standards Act” overtime must be compensated at a rate not less than one and a half times the regular rate at which the employee is actually employed during the first 40 hours of work”.

“The plaintiff was not compensated for overtime hours worked”. The defendants deny this claim.

“The defendants’ intentional failure to pay the plaintiff minimum wage for the time she worked and for overtime wages was in willful violation of the FLSA”. The defendants deny this claim.

“During the plaintiff’s employment, the defendants misclassified the plaintiff as a salaried employee exempt from the minimum wage and overtime wages of the FLSA”. The defendants deny this claim.

“During her employment with the defendants, the plaintiff regularly worked more than forty hours per week, but she was not paid minimum wage or overtime pay for all of the time she worked, and for which pay she was entitled”. The defendants deny this claim.

Suffridge is represented by attorneys Kerry E. Knox of Murfreesboro and Stephen W. Grace of Nashville.

December 17, 2021
By: Dwayne Page

A Smithville man who allegedly locked his victim inside a shed and later tried to burn down a house last year has been sentenced in DeKalb County Criminal Court.

28-year-old Michael Brady McGhee, who was indicted for arson and false imprisonment, entered a plea on December 7 to arson and received a three-year sentence to serve at least 30% before his release eligibility date and he is to make restitution. McGhee has been given jail credit for 480 days already served. The false imprisonment charge has been dismissed.

McGhee was arrested by Smithville Police on July 29, 2020.

According to police McGhee committed the offense of false imprisonment on July 28, 2020, by asking his victim to go into a shed with him at the back of Pack Circle. After entering the shed, McGhee ran out and then shut and locked the door leaving the victim inside. The victim escaped by using a car battery in the shed to break out a window. Police said the next day, July 29 McGhee intentionally set three fires at the Pack Circle residence trying to burn down the house. The fires were set on the kitchen floor, on top of the kitchen table, and in the living room of the home.

December 17, 2021
By: Dwayne Page

After 45 years in banking Cynthia Agee has decided to call it a career.

Wilson Bank & Trust hosted a retirement reception for Cynthia Thursday at the Smithville Office where she has worked for almost 26 of her 45 years in banking. Many banking associates, friends, and family joined Cynthia to celebrate and to wish her well in retirement.

Cynthia and her husband Butch Agee are the parents of two sons and daughters-in-law Josh and January Agee and Joey and Casey Agee and six grandchildren, Kennedy, Teagan, Lucas, Vaden, Avery, and Jordyn.

Cynthia said her plans for retirement include spending more time with her family and getting back to farming a little bit more.

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