Retired employee sues Cape County for lost wages, benefits

A now-retired longtime deputy in the Cape Girardeau County Clerk's office is attempting to sue her former employer, alleging she was shorted benefits by being forced to change her retirement date.

Judy Beussink of Jackson had worked for the county more than 46 years when she retired on the last day of December 2011.

Beussink and her attorneys, J.P. and Laura Clubb, filed a petition for damages against the county in August. The petition accuses the county of engaging in age discrimination through changing a policy regarding retirement dates after Beussink had announced her intention to retire in February 2012. The policy change, according to the petition, meant Beussink had to adjust her date to Dec. 31, 2011, which caused her to lose retirement, health insurance and other monetary benefits. Beussink had announced her February retirement date Nov. 8, 2011.

The change applied only to people older than 40, according to the petition, therefore causing it to affect only Beussink, which the petition describes as "unlawful and discriminatory."

The action of the county, according to the petition, was a violation of the Missouri Human Rights Act, which prohibits unlawful and discriminatory employment practices.

In the petition, it is also stated that Beussink complained to the county commission and her supervisors about the change, but the county did not act.

"When it happened, she asked for the county to pay her the money she lost, and they wouldn't do it," said Laura Clubb. "It's just really sad, I think, for a person like Judy who dedicated her entire life to public service, working for the public, that she would be treated this way. She had an unblemished record."

The attorney representing the county, Albert M. Spradling III, has responded to the initial petition by filing an answer with the court that denies the plaintiff's allegations, and said the status of the case is that it is in an early discovery phase. Spradling declined to speak further on the case because he said he doesn't like to comment on pending litigation.

Clubb said that before the county's policy change, other employees had been allowed to pick a date and use up all their available accrued time. The day after using that time would then be their last day, Clubb said, but Beussink was not allowed to follow that method, even though she announced her retirement date before the county's policy change.

"It may seem insignificant to people who don't work in government, but your retirement and pension benefits are calculated on the amount of time that you have worked," Clubb said. "Even just another two months can make a difference."

The petition asks for the court to award Beussink an amount of more than $25,000 for lost wages and benefits, damages and attorneys' fees.

Cape Girardeau County Clerk Kara Clark Summers, who was Beussink's supervisor when the retirement took place, said she thinks the outcome of the case will eventually fall in the county's favor.

"Personally, I believe that discrimination of any kind is wrong, and I feel like anybody who has ever worked with me would know that that is my belief. I just hope that in the end, and as we work through this case, that will be upheld. I think it will be," she said.

Clubb said after the written discoveries in the case, the next step will likely be to depose some officeholders, including Clark Summers and Presiding Commissioner Clint Tracy.

The case will be heard by Judge Terry Lynn Brown in Scott County, though no dates for hearings are set.

Neither the petition nor answer identifies the specific policy in question. The answer filed by Spradling also denies the county changed its policy.

eragan@semissourian.com

388-3627

Pertinent address:

1 Barton Square, Jackson, Mo.