Two Federal Lawsuits Filed Against Milford By Former Employees
October 22, 2019
Two federal lawsuits have been filed against the Village of Milford alleging extortion, unfair treatment and a hostile work environment.
The most recent lawsuit was filed in U.S. District Court in Detroit by Michael Esson, the Village’s former assistant public services director. It names the Village and Public Services Director Robert Calley and alleges violations of Michigan’s Whistleblower Protection Act, extortion, retaliation, racketeering, freedom of speech issues and violations of due process. The complaint alleges that Calley would only approve Esson’s vacation requests for side jobs in exchange for a portion of his earnings. It states Esson paid Calley $5,000 from a project in Indiana and felt it was the only way for him to keep his job with the Village. A separate incident was noted in spring of 2017 in which Esson requested time off but lied when Calley asked if it was for a cement job. Calley later found out and was allegedly furious, telling Esson he was not allowed to do any concrete work during his time off if he wanted to keep his job. It’s further alleged that Calley would deny Esson’s vacation requests, unless he paid him $100 per day of vacation time. The lawsuit states Esson informed Village Manager Christian Wuerth about Calley’s behavior and that he had filed a report with Michigan State Police in May of this year. The complaint says Esson was later contacted by Wuerth, who said after talking with police he believed some or all of the allegations weren’t credible. Esson was subsequently placed on administrative leave and terminated July 18th for what was described as retaliation for filing a complaint against a village employee.
Esson’s lawsuit is the second to be filed against the Village. The first was filed October 10th by former maintenance employee Corey Lemarbe and alleged violations of the Americans with Disabilities Act as well as a hostile work environment. LeMarbe suffers from hand tremors that substantially interferes with major life activities. He worked in the DPS garage from October of 2015 to September of 2018 and was said to be able to perform all of the essential functions of his job despite his disability. LeMarbe was moved to the waste water department in September 2018 but requested to be transferred back to his old duties due to the difficulty of taking water measurements. The suit alleges LaMarbe was subjected to a hostile work environment due to co-workers mocking and ridiculing him but further discriminated against by the Village for refusing to accommodate him and then disciplining him for having a disability. LeMarbe was eventually terminated in April of this year.
Both lawsuits seek in excess of $75,000 in damages and demand jury trials. A request for comment has been placed with Wuerth. (JM)