Judge dismisses Lancaster Manor defamation suit
Lincoln Journal Star
by Algis J. Laukaitis
March 18, 2010

A judge has dismissed a defamation lawsuit filed by Hunter Management against Kim Kaspar and the union that represented Lancaster Manor employees.

“It’s very good news, and it’s consistent with our theory that this was an attempt to shut down our free speech,” said Lincoln attorney Gary Young, who represented Kaspar and American Federation of State, County, and Municipal Employees Local 2468.

Kaspar is president of the union, which fought unsuccessfully to stop the county board from selling Lancaster Manor, a 293-bed nursing home at 1001 South St. The sale is in the final stage of closing.

During several town hall meetings and appearances before the board, Kaspar and the union voiced concerns about Hunter Management and the care it gave residents. The Evanston, Ill.-based company owns all or part of about 40 nursing homes, including Homestead Rehabilitation Center in Lincoln . . . .

Former Beatrice bank worker wins appeal
Saturday, Mar 14, 2009 – 09:00:17 am CDT
The Associated Press

OMAHA – A federal appeals court has reversed a lower court’s decision against a former Beatrice bank worker who said he lost his job because of his rare voice disorder.

The 8th U.S. Circuit Court of Appeals on Friday said the U.S. District Court was wrong to rule in favor of First National of Nebraska before trial and against Jeffrey Willnerd. There are significant facts in the case that warrant a jury trial.

The case has been sent back to the federal court.

First National is the parent company of First National Bank.

Willnerd, of Beatrice, sued First National in 2005, saying the company’s decision to eliminate his job and refuse to rehire him violated rights guaranteed by the Americans With Disabilities Act.

Years earlier, Willnerd was diagnosed with a neurological voice disorder that made it difficult for him to speak.

First National has said Willnerd’s job was eliminated for economic reasons. The company also said he wasn’t rehired because of the merits of other job applicants, according to court documents.

In 2007, a federal judge granted First National’s request for a summary judgment in its favor, without a trial.

But, said the three-judge appellate panel, “Because reasonable jurors could resolve these outstanding questions in Willnerd’s favor and conclude he is entitled to relief on his claims, we reverse.”

Doug Peterson, Willnerd’s Lincoln-based attorney, said he was encouraged by the decision and believes the court analysis was very complete.

Phone messages left with First National’s attorneys were not immediately returned.

Willnerd began working at a Beatrice bank in 1982. He was primarily responsible for real-estate loans and some commercial and installment lending. In 1983, First National acquired the bank.

In 1999, he noticed his voice was starting to cut out and worsened in following years to the point where he could only whisper. He interacted regularly with customers and didn’t request any accommodations or seek different bank duties.

First National has said that during the same period between 1999 and 2003, the bank branch’s performance suffered. The company realized it needed to cut expenses or boost income. In 2002, it began moving some duties of smaller branches to Omaha and that included some of Willnerd’s responsibilities.

Willnerd’s job was eliminated in September 2003. Later that year, he was diagnosed with a rare neurological voice disorder.

A supervisor later wrote in a memo that a downturn in the economy forced the move. He also described the merits of Willnerd and other employees and concluded that Willnerd’s position as a sales representative was the most expendable, according to court documents.

In total, Willnerd applied for 22 positions with First National between December 2003 and October 2005, but he raised issue with only four instances in his appeal.

“It is not necessarily the case that Willnerd was more qualified than the person actually hired, and at the end of the day, a jury may well accept First National’s proffered rationale,” the panel wrote.

If your employment rights have been violated, call the attorneys of Keating, O’Gara, Nedved, & Peter at 888/234-0621 for a free consultation.

Employee groups are starting to fight back. In Lincoln County, for example, Keating, O’Gara attorney Gary Young helped Fraternal Order of Police Lodge 26 in North Platte stop a recent attempt by the County Sheriff to ignore the Bargaining Agreement and negotiate directly with a favorite employee for a special wage and benefit side deal, meant for him only.

Faced with the reality that the actions of the Sheriff were an unfair labor practice, the Lincoln County Commissioners rethought the plan:

Wages scaled back
By Mark Young , The North Platte Telegraph
01/15/2008

“It’s quite a slap in the face from this board,” said Lt. Dave Williams, jail administrator for the Lincoln County Sheriff’s Department, referring to his wage being scaled back after union representatives from the Fraternal Order of Police filed a complaint against the county.

According to Roland Kramer, state trustee for FOP, complaints were lodged for the way Lincoln County negotiated Williams’ contract when FOP is responsible for negotiating all salary wages for every officer, with the exception of sheriff and chief deputy. All other department officers fall under the FOP negotiated contract.

Attorneys for FOP argued that Williams’ contract with Lincoln County was not negotiated by FOP and that he was hired out of classification. Williams was hired under a Step 3 pay scale, but under a road patrol scale, not corrections.

FOP legal council has labeled it an unfair labor practice and has demanded that Williams’ current salary be rescinded.

“FOP has now been told that (the county) is willing to negotiate, but has refused to rescind its actions,” said legal council for FOP Lodge 26, in a written letter to the Lincoln County Board of Commissioners.

The letter further accused the county of continuing to perpetrate this action and while litigation was not wished, it would become necessary to file litigation against the county if it did not rescind Williams’ salary. Last week, Lincoln County Sheriff Jerome Kramer credited Williams with saving the county up to $15,000 a month in medical expenses alone with his administrative efforts.

Williams expressed disappointment with the commissioners’ actions despite it appearing to be a case of hands tied on the part of the commissioners.

“It’s my opinion we are hamstrung unless we are willing to go to litigation and personally I think it’s litigation that we can’t win,” said Commissioner Joe Hewgley.

Williams was nonetheless disappointed not only for the action, but indicated that the proposed negotiations that were expected to take place this week to resolve the issue apparently never took place.

“It was my understanding at last week’s meeting that the union and the board were going to negotiate this matter,” said Williams. “I’m disappointed and it was my hopes that this board would be behind that.”

Hewgley said he, too, was disappointed, but that it appeared the board had no legal recourse. Williams, however, feels as though he may have some and informed the board that he would be contacting his own attorney and, “will proceed from there.”

Ultimately, the commissioners were able to hire Williams under a Step 4 pay scale for a correctional lieutenant, but Williams said it was still a drastic pay cut that he could not afford to take.

Roland Kramer was asked by County Chairman Duane Deterding if what happened here was going to be satisfactory to the FOP union.

“I’m not sure where you are going with that, but what happened clearly fits the demands,” he said. “All I can do is report back to the executive board and let them know what happened here today.”

The decision by the commissioners apparently eliminated any need for further negotiation on behalf of an individual, but the issue can be brought back up when the county negotiates the FOP contract in September. Legal counsel for FOP indicated in its letter that any new negotiations on behalf of Williams would require new negotiations for all employees, not just one.

Visibly upset, Hewgley assured Williams, “You are not the only one disappointed. . . .”