Former Scott City administrator Ron Eskew has filed a lawsuit against former Mayor Ron Cummins and the city, alleging he lost his job last year after he sought to prevent city officials from firing the parks director at the time.
In the lawsuit, filed last month in Scott County Circuit Court, Eskew alleges the defendants violated the Missouri Human Rights Act. The suit seeks damages of more than $25,000 against each defendant.
The suit also asks the court to bar Cummins and the city government from "engaging in retaliation."
The lawsuit said Eskew was terminated, but Cummins said Wednesday that Eskew resigned.
Eskew said in a complaint to the Missouri Commission Human Rights last year he was unlawfully forced to resign.
Scott City Mayor Norman Brant said Wednesday upon legal advice he would not comment on the lawsuit.
Eskew served as city administrator from December 2001 until March 13, 2017.
Cummins was elected mayor in April 2016. Shortly after, Cummins "expressed his desire to fire" then-parks director Phyllis Spinks "because of her gender, age and length of service" with the city, the lawsuit states.
Spinks filed a lawsuit against Cummins and the city last December, alleging her termination Nov. 30, 2016 amounted to "employment discrimination."
Both Spinks and Eskew are represented by Cape Girardeau attorneys John "J.P." and Laura Clubb.
The Clubbs wrote in the latest lawsuit "Mr. Eskew repeatedly counseled defendants against taking any unlawful action against Ms. Spinks." According to the suit, Eskew interceded on Spinks' behalf and tried to "dissuade defendants from unlawfully firing Ms. Spinks."
The suit states Eskew "continued to support Ms. Spinks" in her legal actions against the city and Cummins.
Before and after Spinks was fired, the defendants "began to engage in retaliatory conduct against Mr. Eskew, including accusing him of professional misconduct," according to the suit.
"Defendants defamed Mr. Eskew both before and after terminating his employment by spreading lies about his tenure as city administrator," the Clubbs wrote.
Cummins and the city refused Eskew's request for severance pay, the suit states. In addition, the defendants refused to pay Eskew for vacation time he had earned and opposed Eskew's application for unemployment benefits, according to the suit.
Cummins, responding to the suit, said he was on vacation in the Cayman Islands when Eskew resigned. He said he never "asked" or "forced" Eskew to resign. Cummins said he was surprised by Eskew's resignation.
The former mayor said he also was not responsible for the departure of Spinks, and doesn't believe he should be a defendant in either lawsuit.
The latest suit states Eskew had "an exemplary employment record and received regular pay raises and positive work evaluations" during his 16 years as Scott City administrator.
Eskew "suffered emotional stress and mental anguish" as a result of the actions of the defendants, the suit states.
The conduct of both Cummins and the city government was "outrageous because of evil motive or reckless indifference" to Eskew's rights not to be subject to retaliation, the lawsuit alleges in seeking punitive damages in addition to damages for "emotional distress" and "lost wages and benefits."
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