Former Hoot Employee Claims Wrongful Termination

A fired Sodexo employee filed a discrimination complaint in April 2011 and said KSU police officers misrepresented his statements in an incident report from November 2011, and he says he has evidence to prove it.

James Spies Jr. worked at The Hoot by University Village as a food service worker for Sodexo, a multinational corporation in charge of culinary services for the University System of Georgia- including KSU.

Spies described himself as primarily a business owner, but said about eight years ago he was forced to abandon his independent work due to economic hardship. Spies worked at Swifty Save Fuels, a gas station and convenience store on Chastain Rd, for three years. He said he was promoted to a managing position approximately six months after beginning work there. He has also worked as an independent contractor for United First Financial. Spies declined further comments regarding his past work history.

Spies said he filed a discrimination complaint in mid-April 2011 and spoke with the General Manager for Sodexo Services at KSU Valerie Miles and Human Resources Manager for Sodexo Katrina Smith. He was officially fired from Sodexo on Oct. 28, 2011 and said he believes he lost his job because of a request for supervisors to look into his discrimination claim.

The Sentinel attempted to contact both Miles and Smith and left voice messages. Neither Miles nor Smith have provided statements to The Sentinel at this time.

“I had met with Valerie and Katrina several times before that when I was still actively working, and gave them my formal complaint under the Title VII Laws and ADEA. From there, everything really escalated a lot and the retaliation took hold at work when I was on the clock,” said Spies.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination because of race, color, religion, sex or national origin. ADEA, the Age Discrimination in Employment Act of 1967, prohibits employment discrimination of people 40 years of age or older.

Spies said under the advisement of legal council and Equal Employment Opportunity Commission recommendation, he will not discuss details of his discrimination claim at this time. Spies declined to comment in regards to past discrimination complaint. The Sentinel has not been able to reach Spies’ immediate supervisor at The Hoot, Twandolyn Arnold, for comment at this time.

“After five or so days of work… I began to feel like I was being treated with a double standard,” Spies said, “Being treated different in a worse way.”

In one of his meetings with Miles and Smith, Spies said he asked about a rumor regarding other employee complaints about Arnold.

“I mentioned to Valerie that I had heard through the grapevine that other people had complained previously about this specific supervisor, Twandolyn Arnold, but that their complaints didn’t go anywhere because Valerie Miles was the Godmother of that woman’s child,” Spies said, “And So I brought that up in my meeting and Valerie Miles laughed and she immediately said, she just scoffed at it, and said, ‘Ah that always comes up’,” Spies said.

He decided to bring a sound recorder to document his Sodexo orientation on May 18, 2011 after experiencing what he said he felt was continued discrimination and lack of a fair investigation.

“I felt like they were going to try to push me out, and they were definitely teaming up against me to violate some of my employment rights,” Spies said, “I felt like, then, that I better start getting some things on tape.”

Spies recorded just under an hour and a half of audio, documenting the entire orientation.

Sodexo employees were asked to sign multiple employment agreement forms before the orientation began. Spies asked Miles and Smith to clarify certain parts of the packet of documents, which he said contained approximately 15-20 pages of text. His questions seemed to agitate Miles and Smith in the recording, and the tone of Miles, Smith and Spies voices all became more forceful.

“I want[ed] to get these clarified in the presence of all my coworkers because I think they need to know what these things mean also,” Spies said. “She [Miles] seemed to get more agitated the more I pressed her for answers.”

Spies said Smith had the General Manager, Miles, come to the orientation to assist in dealing with his questions.

In the audio, Spies made it clear he wanted to read the documents before signing. Miles and Smith did not allow time for employees to review the legal document before signing at orientation. After watching an orientation video, Smith called for questions and Spies began to ask his remaining questions.

“They got more and more angry that I was asking these questions, that I insisted that they be clarified in the presence of the other coworkers and that seemed to be the real bone of contention with them,” Spies said, “…They said they would set up a separate orientation for me outside my coworkers presence, which I thought was just absurd.”

Following the orientation on May 18 the General Manager for Sodexo at KSU, Miles, placed Spies on investigatory leave for three days claiming his behavior at orientation was “combative and argumentative.”

In the Notice of Investigatory Leave, Miles wrote, “James [Spies] created an uncomfortable, disruptive and hostile work environment for the attendees and managers at orientation.”

Spies said upon returning to work in Fall 2011, Sodexo Vice President of Human Relations Felicia Brown, along with Miles and Smith, surprised him with an unplanned meeting after he clocked in.

“I was prepared because I was recording anyways,” Spies said. “Somehow just within the first few minutes, she [Brown] was compelled to ask if I was recording that meeting and I said no comment. And that’s immediately when she shut down the meeting and closed up her notebook and everything. Valerie Miles was sitting there and she gasped when I said no comment.”

Spies said that Brown ordered him to clock out and go home.

On Oct. 28, 2011 Sodexo officially terminated Spies employment. The Separation Notice stated that Spies was not fired due to a lack of work.

The provided reason for separation was, “James A. Spies is no longer eligible to work on the campus of Kennesaw State University. He violated legitimate business practice and policies. He did not meet minimum standards for employment.”

The Sentinel spoke with the KSU PD, who referred us to University Relations Assistant Director for Strategic Communication Tammy DeMel. DeMel said she was not familiar with the incident but would attempt to provide a statement from the University. The Sentinel has not received DeMel’s statement for the University as of this time.

The Sentinel attempted to contact Sodexo District Manager Vern Johnson for comment, and left a message and Sentinel contact information with Lisa Johnson, who answered his office phone number.

Spies provided The Sentinel with hours of unedited audio documentation of events at orientation, one-part-consent State phone conversations between himself, KSU Police Officers, Sodexo employees, ect., and e-mail correspondences with various institutions including KSUPD, University Attorney and Special Assistant to the President for Legal Affairs, and various people representing Sodexo.

“If nothing else the workers feel intimidated over there, intimidated into silence,” Spies said.

On Nov. 3, 2011 Spies arrived on campus at The Commons dining hall, for an arranged meeting, to pick up three paychecks- his current paycheck (from the previous week), a corrected version of the check from the previous week (with an additional 25 cents per hour which had been promised to Spies but not paid), and a retroactive check for the past seven months (Sodexo owed Spies for seven months in which he hadn’t received 25 cents per hour that was promised).

Spies, recording the entire event, entered the side office at the front of The Commons where he was met by several KSU police officers and, he said, people he hadn’t met before, including Gary Coltek. Coltek was listed as the complainant on the criminal trespass warning issued to Spies on Nov. 3, and he is the Director of Culinary Services and Hospitality at KSU.

The Sentinel spoke with Coltek on the phone, who said, “I’m only the building manager. I had never met the guy until that day.”

When asked about why his name was on the criminal trespass warning, Coltek referred The Sentinel to Dr. Flora Devine, University Attorney and Special Assistant to the President for Legal Affairs at KSU.

The Sentinel contacted Devine, who said she was not able to speak for the University and referred The Sentinel to Arlethia Perry-Johnson, Vice President for External Affairs at KSU. When The Sentinel contacted the office of Perry-Johnson, KSU External Affairs Associate Lyncia Norman answered the phone and referred us to Tammy DeMel, again. The Sentinel had already spoken to DeMel, who said she would try to provide a statement for the University. As of now, The Sentinel has not received the University’s statement.

Immediately after Spies entered the side room office in The Commons, he was handed his checks, then KSU Police Officer B.J. Putnam introduced himself and issued Spies a criminal trespass warning. Spies provided The Sentinel with more than thirteen minutes of unedited audio documenting the entire encounter at The Commons on Nov. 3, 2011 between Sodexo representatives, Coltek, and KSU Police.

 

A transcription of the recording from the time the incident report described is as follows:

Transcribed Audio from 11/03/2011 incident:

[Spies gets out of car and walks up to Commons]

[Spies enters side office in The Commons and is introduced to a woman named Caroline]

 

Gary Coltek: Hi There I’m Gary Coltek

JS: Hello Gary how are you?

GC: Good

JS: Nice to meet you.

Caroline: Step in here.  One, two, and three [counting checks]

JS: Three of ‘em this time uh?

Caroline: Yeah

Officer Putnam: James, I’ll let you open that and look through there in just a second, I’m Bobby Putnam-

JS: Hi Bobby

OP: I work here at the state- the uh college

JS: nice to meet you

OP: Um do you have your ID on you?

JS: Yup

OP: Alright… Just your license will be fine.

JS: And what do you need my ID for?

OP: Uh I’m going to actually give you a um… They’ve had some issues I know there’s been some kind of back and forth, maybe on the phone or just uh I’m not sure but I’m gunna give you a criminal trespass warning that anytime you come on campus you have to notify the department first.

JS: What department?

OP: Its uh Ted Cochran our chief.

JS: you mean the Kennesaw State Police?

OP: Yes that’s right.  You’ll have to notify them.  Uh it just says that you don’t have any kind of business here on the university.

JS: I wouldn’t agree to that.

OP: You don’t have no choice.  You’re getting it regardless, because that’s what I’m giving you.

JS: Are you saying that I have to sign for it?

OP: Uh no, I’ll put refuse to sign but I have to escort you off the property once you’re done, so.

JS: Okay well can you tell me what the impetus behind this is?

OP: Its just uh-

JS: What’s the probable cause?

OP: I’ll let you- I don’t have to have probable cause.  This is state property and it’s Criminal trespassing when you’re not a student or employee.

JS: Yea I understand that but there has to be a reason for it-

OP: Uh you can get a copy of the report.

JS: Oh have you got it?

OP: We’re not going to discuss it here.

JS: Okay

OP: I can give you a report number and then you can get a report later.

JS: Alright.  That’d be fine.

OP: Do you have your license with you?

JS: Is Sgt. Murphy working today? Well actually he’s lieutenant now isn’t he?

OP: He’s not a Lt. he’s a captain now.

JS: Captain? Okay is he available today? Oh my goodness. Did you have something I’m supposed to sign for these? Is Captain Murphy here today?

OP: He’s not available today.

JS: Could you put in your report that I requested to see him?

OP: (talks in radio) Excuse me what did you say?

JS: Could you put it in your report that I asked to see him?

OP: Like I said I’ll give you a report number and then you can go get a copy.  I’ll give you a report number and that’s all you’ll need.

JS: Okay.  Can you tell me how I can reach him?

OP: Uh yes, I can give you that number, and when I give you that number it’ll be on my card.

JS: Okay the phone number will be on there? Okay, it looks like it did come in three. Um, do you know much about any of these?

Caroline: None, any questions you have contact Keisha Minniefield

JS: Gary Coltek you’re the… what’s your position?

GC: I work with the state.

JS: Kennesaw State University? You’re the culinary services… Director.

GC: yea

JS: I spoke to you on the phone didn’t I?

GC: yea

OP: Alright here’s your uh… Lets just walk out. Are you uh, driving?

JS: Yes

OP: Where’s your vehicle at? Is it right here by the door somewhere?

JS: It’s uh, out there where Katrina usually meets me. And do you have my license?

OP: There’s your ID back. And this is just notice, just notice of the criminal trespass warning to you. That advise according to the code, well you can read that at home but it says: he or she is ordered not to return Kennesaw State University without first obtaining permission in writing from the KSU Public Safety Director. Failure to abide by this directive will result in arrest and prosecution for criminal trespass. And there is the case number. At this time I will ask you to sign.

JS: I am going to decline to sign. What’s the number again?

OP: 11-2804

JS: I do have the right to decline to sign it right?

OP: It looks like what it looks like. I’ll just write refuse to sign. I like that even better.

JS: Well why is that?

OP: Because it just shows that it confirms some of my uh uh understandings. Here’s your copy and I’m gunna escort you to your vehicle here.

JS: Okay

Officer: If you are seen on campus you will be arrested immediately

JS: no comment and you said you were going to give me the phone number for Captain Murphy.

OP: I will

JS: Thank you mam ya’ll have a good day. Oh I do I have my keys? Oh I got ‘em

OP: Here’s the card with his number on it. And you’re parked over here.

[Conversation continues between Spies and KSU Police Officers as he leaves]

 

The official incident report from Nov. 3, 2011 was submitted by Officer B.J. Putnam. The supervisor on duty Sergeant J.D. Shirley was present during the time when the incident report describes. Officer Levandowski was also present. Two incident types were noted in the report, “Public Peace Offense: Harassing Communications” and “Damage To Property: Criminal Trespass Warning.”

The narrative text written by Putnam in the official incident report reads as follows:

“On Thursday 11/03/2011 at approximately 1350 hours I was dispatched to The Commons dining hall in reference to James Spies picking up his final payroll checks. Gary Coltek advised that numerous members had received harassing communications from Spies. I issued Criminal Trespass Warning #- to Spies and escorted him to his vehicle. Spies did refuse to sign the warning stating that he had a constitutional right to come and go as he pleased. Video may be available for viewing in the Commons dining hall. A copy of the warning is attached to the printed out portion of this incident report.”

Discrepancies exist between the statements in Putnam’s narrative text in the official incident report and the transcription of the actual audio recording from the time and place where the incident occurred.

Putnam wrote that Spies refused to sign the criminal trespass warning, “stating that he had a constitutional right to come and go as he pleased.” Spies did refuse to sign, but as shown in the transcription above he did not cite any reason, nor mention his constitutional rights. The text Putnam wrote does not accurately document what Spies said. The statement that Putnam claimed was said by Spies was never made during the encounter, as the incident report claims.

Spies requested to speak with Captain Murphey many times in the recording. When Putnam informed Spies that Murphey was not available, Spies requested that Putnam include in the report that he requested to see Murphey. Putnam did not put this in his report.

Spies attempted to contact multiple sources in regards to what he believes were illegal practices on the part of Sodexo, including Sodexo Human Resources Director Felicia Brown, located in North Carolina, District Manager of Sodexo Vern Johnson, located on GA Tech campus, Vice President of Human Resources for Sodexo Keisha Minniefield, located in Florida, University Attorney and Special Assistant to the President for Legal Affairs Dr. Flora Divine, the U.S. Equal Employment Opportunity Commission, and CEO of Sodexo George Chavel.

In an e-mail response to a letter Spies received from Devine, dated Dec. 1, 2011, Spies wrote:

“Regardless of your having legal authority over Sodexo, Inc., or not, I felt certain that you, as the University Attourney and Special Assistant to the President, would want to know (and should know) about these illegitimate business practices, systemic discriminations, egregious abuses, cover ups and general corruption occurring on your campus.  This is why I apprised you of these facts.”

In seven full pages, single-spaced, Spies painstakingly pled his case to Devine, including facts and direct quotations. He concluded with this:

“I hope it helps you to better safeguard the students, the KSU community and Sodexo employees from the authentic threat of corruption, abuse, discrimination and exploitation by the Sodexo Corporation in its quest of greed. With kind regards, Jim Spies, Jr.”

Spies operates SpysEyes.com, where some of the original audio recordings and scans of referenced material can be found.

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