Fired Employees Sue Cherokee Chief Baker - Political, they say
From February 8, 2012 Tulsa World
Their civil lawsuit states they were terminated because of their active support for former Chief Chad Smith.
Four fired employees filed civil lawsuit accusing Chief Baker of wrongfully and maliciously firing them.
Apparently ten employees' jobs were terminated on Baker's first day in office.
The lawsuit seeks $250,000 in general damages, plus special damages to be determined at trial, attorneys fees and $1 million in punitive damages.
Sounds very familiar, doesn't it?
Their civil lawsuit states they were terminated because of their active support for former Chief Chad Smith.
Four fired employees filed civil lawsuit accusing Chief Baker of wrongfully and maliciously firing them.
Apparently ten employees' jobs were terminated on Baker's first day in office.
The lawsuit seeks $250,000 in general damages, plus special damages to be determined at trial, attorneys fees and $1 million in punitive damages.
Sounds very familiar, doesn't it?
Are you'll thinking what I'm thinking?
Lets have another lawsuit is that what you are going to start now??? Have any of the idiots ever heard of "at will employees" it means you don't have to stay OR they don't have to keep you...much less in a sovereign nation. Thats just what we need is some more bottom feeding lawyers telling some cast off deadbeats that their is a big payday for something they don't deserve. Just like the KTT casino project.
These lawsuits are a waste of time. Oklahoma is an employment at will state. These folks did not have employment ontracts with the tribe. Absent a contract, unless these people were fired because of their race, national origin, religion, or to a lesser extent their gender, they have no case. Recall a former housing director sued Chief Ellis' administration several years ago now because Ellis fired him. That case was eventually dismissed and the terminated housing director plaintiff got a goose egg.
The clincher to this whole story,....guess who the lawyer is for these people,....?? CHAD SMITH!! LOL nuff said..
My point was; Do you think some released
employee will try the same thing here? Anyway what do you think the "Fair Employment Practice" is all about?
Creek Nation still has to follow State
Employment Policies. If I'm wrong I apologize.
Terminated Creek employees cannot sue in state court because state courts lack jurisdiction.
The reason the former M(C)N Housing Director could sue Chief Ellis in state court was because at the time, the M(C)N Housing Authority was incorporated under state law. That's been changed. Anyway, the former housing director lost.
Now then, here's a nutshell version on the way it works if a person feels his or her rights were violated on a termination.
If a former employee was fired in violation of federal law, generally meaning he or she was fired because of his or her race, national origin, religion or gender, that person might have a case.
But before the person could sue, they are required to get a "consent to sue" letter from the federal EEOC, meaning the EEOC looked at the alleged facts and decided the person had a case, and also that the feds decided not to pursue it itself.
What is your take on the following:
Several women have in the past or recently resigned or been terminated because they did their assigned job in the face of a elected official's orders to do otherwise, others left or were terminated because they refused personal requests for dates or other favors from elected officials.
I'd think they'd need to show documentation (or witness testimony) that they told their superiors that they were going to do what was right regardless of the outcome. Retaliatory discharge for following the law could be criminal. They should consult an attorney. Likely, one with the ability to practice court in the Creek courts.
Does reverse-discrimination sound familiar!!!
If a woman is fired because she won't put out, that is certainly grounds for a lawsuit. Over the years, a few former tribal employees have made that one stick. This is because that sort of thing, if it can be proven, gets the feds excited, it is also a crime. And in this day of cell phones that can record sound, men who are stupid enough try that crap deserve to get busted, lose their jobs, and pay the victim $$$.
That's why Nancy (District Court Clerk) was canned. She didn't appreciate the advances made on her by Roger Barnett when he worked for District Court.
Pray tell, what position did Barnett hold that he qualified for in the Court?
And I wonder what makes some men believe they are god's gift to every woman that comes near? Barnett appears to be one of that type. Too many stories about him are out there.
The misdirections of the punishments are not right, and should never be allowed. Like it should have Barnett who should have been punished, LEGALLY.
Of course there are too many women who, for whatever reasons, feel flattered for any male attention.
What woman would be flattered by attention from Roger Barnett? He can't even buy a car with his own credit.
Now that he has a tribal credit card he can share some wealth with women but it won't last long.
Just for clarification, Nancy Jukich was fired by the new judge (Bigler) because she repeatedly failed to report for work but still turned her time cards in for the full eighty (80) hours.
She was also an un-indicted co-conspirator in the mis-use of Court credit cards with another former court employee. The approximate value of the thefts was $22,000+. I understand that Judge Bigler met with the district court employees and they all had bad things to say about Jukich. Nope, Barnett did'nt initiate the action against Jukich although he was informed of it.
Thanks for your thoughts. But, Roger did have something to do with it, just like he did telling Alfred Berryhill was no place for him to work at the tribe. George promised Alfred a job in payment of his support during the campaign.
Women who have suffered sexual abuse in the work place certainly have a lawsuit, but not in tribal court or state court, the United States federal court and the US Attorney need to be informed and that is the big problem for the woman - she does not want to go to a lawyer or the authorities because she is embarrassed.
In reality the predator continues to act improperly with other women, because he will never change only get bolder.
Time is now for all women who have had an encounter with any elected Creek official to band together visit with a lawyer and notify the Us Attorney. Then and only then will the continuing problem be properly addressed.
Through a friend of a friend.
The issue in this case is that these were not appointed positions. These were employees who were to be afforded due process in accordance with Cherokee Nation law. Due process means that you have to be fired for cause or at least in conjunction with the HR policies and procedures. Again, these are not appointed positions. Those employees were let go in accordance with their contract. I think Chad is representing them because he feels that they were retaliatd against due to their support of him. I'd call that honorable on his part.
This should prove interesting.
In the case of the former WIC Director who is a non-Indian, and was not given grounds for termination, this person is entitled to file a lawsuit starting with the EEOC. Sovereignty be damned its about time someone stood up and fought back, just because the nation hides behind the veil of sovereignty does not give them the right to violate someone else's civil rights. So I think it is time for someone to shake this place to its core and open some eyes.
I think the difference between the Creek and the Cherokee on this issue is that the Creek Nation is an "At Will" employer according to the established policies and procedures. The Cherokee Nation is not. They could have gotten rid of all of these people in due time if they'd done a real reorganization. It would be similar to gerrymandering. We all know it happens but you have to actually go through the motions. They cut to the chase and didn't go through the motions. I think that will cost them in the long run because this appears to have been no kind of reorganization.
The WIC Director could claim that she was let go due to her racial status as a non Indian but it would be much simpler to point to her marriage to a political opponent of the current Administration. One of those motivating factors is a protected class through Title VII. One of them isn't. Now, if she brought forward all of the other non Indians that were let go at the same time as her she might have a case. She can't.
Indian tribes are not bound to obey the Civil Rights Act of the United States Constitution.
I have been following this discussion.
The Cheyenne and Arapaho tribal employee's have faced massive firings when the Boswell/Harjo Administration came into power in 2009. They had help getting elected and the tragedy of massive firings resulted.
This issue has not been resolved. Research has shown that a "movement" of certain individuals have infiltrated some tribes for financial gain.
I hope that someone can tell me if the following individuals, or entity is involved with your respective tribe or tribes: Mike Copperthite, Richard Grellner, Peebles, Fredrick &Morgan, Padrick McCoy, Tom Wilmot, Wilmorite, Okan Realty, Big Chief LLC, Fidelis Group, Tom Stewart, Venable LLC, Energy North America or American Capital Group.
If you would like more info before responding or would rather respond outside this forum please email me at pf.arizona@gmail.com
Certainly Tom Wilmot & Wilmorite have been involved with some tribal members who have or had positions of power. Probably not officially with the tribe, but strong efforts have been on-going, in an under-the-table transactions to a few members. And a person named Manno, with biz name of Onam. All about the casinos.
Thank you for the feedback. How about Copperthite does that name sound familiar...or Richard Grellner? Manno Onam is he Turkish? I will explain why I asked if you are interested. Email me directly I have posted my email address on this forum.
Early bird: what are you thinking?
If a lawsuit cannot proceed in a state court for terminated tribal employees because "it lacks jurisdiction" in a state court...is it possible that this will set a foundation for the tribes to sue the state of Oklahoma to stop the state taking a share of Indian gaming revenue since state courts "lack jurisdiction" within tribal land?
I think this lawsuit was filed in Cherokee Nation court.
Just when it looked like there was nothing interesting to discuss in the Forum here, people are bringing in 'happenings & situations' from other Tribes, that can be related to happenings in the MCN !
There are tribes around the country connected to your situation because the same people using the same tactics have targeted Indian gaming to enrich themselves. Most of the problems associated with these carpetbaggers are similar: They find a player in the tribes who can, will or has a position in tribal government - this person will use their vote, authority and, or position to clear the way for gaming management compainies to get a foothold in tribal gaming and this is where they manuver tribal politics for their own gain. The NIGC is a disgrace. Most targeted tribes get a package deal along with gaming companies like Wilmorite or Southwest Casino - which includes a divided tribe, embezzelment, loss of tribal revenue in other areas, attorney fees, lawsuits etc, etc. These people network with one another it is time Indian people do the same. Put the information out there in sites like this one about how your tribe was ripped off, who was involved, how they operate pass the information on when you put a light on these roaches they cannot operate securely. My email is posted in this forum in another post. If you don't want to give your name, fine - I just need information to pass on and compare with other tribes and names I already have of these operatives.
It's not just gaming sister. Tobacco involves some pretty shady characters and lots of illegal shenanigans too. The wholesalers get rich, and the tribes with whom they contract, in which willing accomplices within the tribes assist, get left holding the bag and paying big tax bills.
That's coming to a head soon in M(C)N. Recall that Micheal Wisner, formerly of M(C)N Trade and Commerce Division, is under federal indictment in Muskogee. He will enter his plea later this month, and that has got to make some folks a bit nervous. Plea deals almost always require the defendant to turn government evidence and dime out unindicted co-conspirators.
You don't have to be Sherlock Holmes to figure out those M(C)N pols who opposed the state tobacco compact so hard and so long were getting greased to take that position. And when tribal pols take money in exchange for doing, or not doing a thing, that's a crime.
yeah and old porgy georgy was right in the middle of that one too when he was speaker and tried to get special assignment when they were passing around all that money before they got caught. i just don't know why these people don't rat on him! reckon it's his medicine man? he needs to know that stuff will come back on him.
ONNAM, is owned by Sandra Manno from I beleive New Jersey - if I remember correctly she was a former Nun - her family started the business and she ended up with it. She's a contct/friend/contractor of MNBE Woody Anderson.
If you google: "Sandra Manno of Onnam Entertainment, LLC" you can see court documents, etc., i know that she helped sponsor the groundbreaking event of the AICCM in OKC back in '04 and sponsored a "4 love of the game" tournament - but I haven't seen or heard anything about her since then - if I remember any more about her I will post on here, but here is a link: www.hotelonline.com/News/PR2005_2nd/May05_BiloxiHavana.html
What service do they provide? I have not seen any new businesses here at the nation and they always ask for funds to do What?
RPP-Good post. I never thought of the tobacco vendors before. Is there a way you would like to see information exchanged between tribes about suspect vendors, business partners, casino managers, lobbyists, etc, etc?
VOC New Topic, please.
It's that time. With the first 45 days of the administration gone, let's review and see how the Tiger administration is doing so far. Remember folks, we're stuck with him for the next 1,414 days. Then we can boot him out. Well, let's hope we can boot him out. If not, then we're doomed.
Since his inauguration on January 2 (remember, the constitution states that the Principal Chief begins his term of office on the first Monday following the New Year).
-Fired Creek and non-Creek employees that neither supported him nor could he benefit from.
-Reinstated appointed positions that are all in his back pocket. Pratt, Wiley, Bigler, Lighthorse Chief, Marshall, etc. May I add that the Euchee tribe is currently working on seeking recognition and now we have a Euchee District Court judge?
-Secretly supports the Kialegee casino being built by the developers who may have funded his and Roger Barnett's campaign.
-Received a pay increase from $100,000 to $125,000 while the employees have yet to receive a pay increase.
-Reinstated the chartered communities (but can't give back the money like he may have promised)
-Talked with the democratic causus of the Oklahoma legislature in which he talked about the Indian liasion position, the museum and about Oklahoma being "Native America." None of this pertains to the Muscogee (Creek) Nation directly. Oh and how he hopes to work with Gov. Fallin who has reportedly refused to speak with Tiger and his administration and is supporting the lawsuit from the Attorney General's office on the Kialegee.
-Is still looking for qualified people to fill positions. Positions that neither pay a good amount or are being held by already competent and qualified individuals.
The good news is that the tribe is still there.
Did anyone else get the propaganda sent out by his office? I didn't get just one, two, or three but I got FOUR pictures of George Tiger to use for toilet paper when the world ends and I need something to wipe my cepo.
Least we can say that he still "walks in two worlds and the people have spoken."
He may have be worried too cause I saw him in Bristow this past weekend and boy did he look like someone got him spooked.
Good God what a crybaby you are reviewer is that the best you can come up with, nothing specific, nothing of value, just a crybaby. save your breath before you hyper ventilate.
Court Case on ONNAM:
http://turtletalk.files.wordpress.com/2008/01/amended-complaint-and-exhibits-velie.pdf
Folks, read the TurtleTalk documents of lawsuit against Sandra Manno. Our tribe, Roger Barnett, Geof Standingbear, contracts and Fountainhead plus other interesting information appears. We were never aware of all that stuff going on.
Thanks Anonymous. I will get back to you after I have read your information. Maybe I can find something to share with you and the bloggers who read this forum.
Has anyone seen that movie on cable about Jack Abramhoff ? I watched it the other night and it really clarified how these este hutke lawyers, lobbyist, and consultant firms use tribes to make money for themselves; most tribes fall for their lip talk and get into situations that are going on right now. Check it out.
Claude Sumner ,the EX- executive director under EX principal chief Ellis) was one of the behind the scene players with Jack Abramhoff. He was the go-between Jack Abramhoff and a certain tribe in Texas. Do your homework or better yet why don't you ask him and watch him stutter.
Didn't realize that there were any tribes in Texas. One of the main reasons that there are no casinos in Texas. Just fact checking.
ONNAM INFO -DID THE CREEK NATION LET WILMORITE USE THE CREEK NAME?
File Number: 3973934 Incorporation Date / Formation Date: 05/20/2005
(mm/dd/yyyy)
Entity Name: ONNAM/CREEK/OKMULGEE LLC
Entity Kind: LIMITED LIABILITY COMPANY (LLC) Entity Type: GENERAL
Residency: DOMESTIC State: DE
REGISTERED AGENT INFORMATION
Name: REGISTERED OFFICE SERVICE COMPANY
Address: 203 NE FRONT STREET, SUITE 101
City: MILFORD County: KENT
State: DE Postal Code: 19963
Phone: (302)424-1996
There is Only 1 Casino in Texas, LOOK South
Currently the Kickapoo tribe in Eagle Pass is the only one of the three Texas tribes operating a limited casino. It is governed by the Indian Gaming Regulatory Act - not the more restrictive Restoration Act that applies to the Alabama-Coushatta and Tiguas - according to the Texas Attorney General's Office.
The Tiguas ran their Speaking Rock casino for nine years, producing $60 million annually for housing, health care and education for their 1,600 tribal members, Hisa said.
The Alabama-Coushatta operated its casino for only nine months, generating $1 million per month for the tribe of 1,100, Bullock said.