EMS Lawsuit to Cost County $430k+ While Larger Sheriff Lawsuit Still Looms
On Tuesday, March 19, 2024, the Hardeman County Commission unanimously voted to approve a budget amendment in the amount of $285,000 to pay the Plaintiffs’ attorneys in the Carnell et al vs. Hardeman County Government lawsuit, which was settled over the summer.
In the case, which was filed in March 2020, the Plaintiffs (employees of Hardeman County Ambulance Service) alleged they were improperly paid for overtime and suffered retaliation from previous Hardeman County Mayor Jimmy Sain for filing the suit. The alleged retaliation included a demotion, not being scheduled for shifts, and denial of necessary work accommodations.
Hardeman County initially denied that any employees were shorted accrued time or that there was any retaliation.
The County, under the leadership of Mayor Todd Pulse, eventually conceded it did not properly compensate Plaintiffs for all hours of overtime worked during their employment with the County. In order to avoid a jury trail, the County Commission voted to settle the case for $145,000 at its meeting on August 15, 2023.
The Plaintiffs’ attorneys sought $311,940 in attorney’s fees and $4,025.25 in filing fees and deposition transcripts costs, but after a review, the Court awarded the Plaintiffs reasonable attorney’s fees in the total amount of $280,125 and $4,025.25 in costs.
The County’s insurance is expected to cover $25,000 of the settlement with the remainder of the settlement and attorney’s fees becoming the burden of the County, i.e. the tax payers. At this time, it’s unknown what the County’s legal representation charged to defend the case.
Meanwhile, the much larger “Sheriff’s lawsuit”, which has become even greater in duration, involves ten times as many individuals and a greater number of violations, is still ongoing. The County Commission previously rejected a nearly three-million dollar ($2,999,000) settlement agreement that was negotiated by both sides and presented to them in March of 2023. The settlement agreement stemmed from three lawsuits filed in 2019 and 2021, involving Hardeman County Sheriff’s Department deputies, jailers, and dispatchers who allege they were paid incorrectly under previous Hardeman County Mayor Jimmy Sain’s leadership. The allegations include items such as disputed overtime pay, not receiving proper comp time, vacation pay and holiday pay, not getting paid for training, being required to report to work before their scheduled shift began, being required to stay and complete work after their shift had ended, and retaliation.
The judge has ordered all Hardeman County Commissioners to appear in Jackson for a hearing on Wednesday, April 3, 2024, for that case.
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