Company that warned of layoffs if Biden wins says worker who spoke out wasn’t fired
A worker who claims he was fired after objecting to a notice from his boss that said layoffs could happen if Joe Biden wins the election is now suing his former employer.
The lawsuit comes as the company tells WESH 2 News the worker quit and was never fired.
Stan Smith first spoke with WESH 2 News on Oct. 16 about a letter from his boss, George Daniels, president of Daniels Manufacturing Corporation.
"If Trump and the Republicans win, DMC will hopefully be able to continue operating, more or less as it has been operating lately,” a letter included in employees’ paystubs said.
"However, if Biden and the Democrats win, DMC could be forced to begin permanent layoffs beginning in late 2020 and/or early 2021,” the letter went on to say.
"I don't feel like it was correct,” Smith said of the letter.
Smith told WESH 2 News the letter was one reason he was planning to leave the company, but after the report aired, Smith said he was fired for speaking about the letter.
Daniels Manufacturing has denied requests for an on-camera interview, but the company sent WESH 2
The statement reads, "DMC did not terminate Mr. Smith" and goes on to say that the offered to "resign his employment."
DMC says "Mr. Smith later asked if he could rescind his resignation."
The company said it first told him the "decision could not be rescinded,” but after WESH 2 News aired a second report on Oct. 22, DMC said it extended Mr. Smith an unconditional offer of reinstatement as a courtesy.
The company said Smith declined.
Through his attorney, Smith denies that, and says he was first pressured to quit by his immediate supervisor, then fired.
“What gets us into court here, is that he was fired for objecting to what was going on,” said Richard Celler, an employment attorney representing Smith.
In a lawsuit Celler is filing this week, he alleges DMC violated "Florida's Private Whistleblower Act" for "Unlawful Retaliation,” and any excuses for Smith's termination, are a "cover up for illegal retaliation."
Celler claims the president of the company, George Daniels, that makes tools and electronics for the military, aerospace, and aircraft industries, clearly meant to intimidate his workforce.
“One could look at this and say, well it doesn't say vote for Trump or you're fired. But my favorite expression is, if it walks like a duck and quacks like a duck, it's a duck,” Celler said. "So in essence, this is telling people we need you to go out and vote for Trump to save your jobs.”
Other DMC employees, who did not want to be identified, said they felt intimidated by the letter.
The former employee's attorney also tells WESH 2 News that his lawsuit will allege a violation of Florida election law, which prohibits voter intimidation and voter suppression.