Lee Kent Hempfling Logic Matters

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Oh … so you couldn’t wait on me … okaaaaaaaaaaaaaayyyyyyyyyyyyyyyyy …

I just sent you the corrections / suggestions … and now … I see … you

went ahead without me … So, I sat here diligently working on this … only

to see you sent it anyway … without … gee I wish I had of known …

before I got so busy wit it … ;o)

She never commented about the final version when she actually saw it. But on the same day I was speaking to her in email, back and forth about another job, where I was hoping to be able to both use Ms. Thompson’s reference for me as a way to help acquire the employment, and to look into Ms. Thompson’s potential hire as a promotions person for that station.

The document I had submitted to her for review before my filing form 5, was the letter I wrote for her in support of her case. I wanted to make sure the facts were right. I was bothered by the response to that letter as according to this letter, received the day before the contents of my support letter brought out an opening response I no longer trusted.

Reply-To: “Lee Kent” <[email protected]>

From: “Lee Kent” <[email protected]>

References: <[email protected]>

Subject: Re: EEOC document of support

Date: Tue, 27 Aug 2002 11:27:30 -0400

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thank you

was it strong enough?

ok ok on the semantics of the aural vs oral… geesh…

i’ll try to print it here later today

—– Original Message —–

From: <[email protected]>

Sent: Tuesday, August 27, 2002 9:36 AM

Subject: Re: EEOC document of support

> WOW … MEGA … make me want to find a caculator ;o)

> One word … at the end … I looked it up online and in the dictionary

… I

> believe

> “aurally” last sentence of your document should be … orally … ???

> Thank you so much and after reading your letter … they’ll be filing your

> complaint

> as well.

> Take Care … ;o)

I was of the impression the EEOC had no choice in the matter. A form 5 would have been submitted which according to their guidelines starts the process and is accepted once received.

Then who or what was she referring to?

I had known of a connection with The Reverend Darby, immediately before the first contact between The Reverend Darby and Ms. Thompson took place, and considered it to be the way Ms. Thompson’s case was going to get legal and hopefully emotional advice, but later learned it was influence they provided.

I wondered about that issue but thought, since it did not involve my case, then it did not involve me and if I were to say anything about that situation, my case would not receive any treatment. If the influence were strong enough to start an investigation, it would have to be strong enough to stop an investigation.

So it was the NAACP she was referring to as “they’ll” and worded as she understood the situation to be: the NAACP made decisions as to whether a civil rights case was filed or not.

She knew it for quite a while.

I had sent this message to her:

Reply-To: “Lee Kent” <[email protected]>

From: “Lee Kent” <[email protected]>

Subject: TRISH MORE AMMUNITION

Date: Thu, 1 Aug 2002 16:42:05 -0400

Organization: Cool 105.5 WCOO

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HAAAA

sorry…

today wcoo hired a new morning man… no advertisement… no eeo =

compliance

no chance for people of color to apply for the job as no one knew it was =

being

sought… the former morning man of cat country will start as the new =

morning

man on tuesday… but he starts work tomorrow learning the morning show

and the systems… in training…. he was hired on the spot… in one =

interview…

today… so once again they make sure nobody can find out about an =

opening

and no blacks can apply and you’re application was once again ignored

for an on air position… no matter that I have the resume it was copied =

don hallett and the aircheck was converted to mp3 and hallett listened =

to it…

once again…

HAAAAA

Sorry

She responded with information I did not know.

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From: <[email protected]>

Subject: Re: TRISH MORE AMMUNITION

Cc: <[email protected]>

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thanks for the 411

I have a very busy day ahead … won’t be able to communicate much … I may

stay here late this evening to work on a few things and tomorrow as well, if

I can’t find my cords to my computer at home and get the word processing of

it up and working, my modem is kuput so I can’t go online from home either

… I think my cord is in one of my boxes at my son’s house … still doing

the moving in slowly process … So, if I can make all that happen this

evening, I’ll be able to stay at home and work through the night and Saturday

to have this package ready to go to Washington, DC and after Rev Darby takes

a look at it ... Trying to make all this happen by Monday,

so I need to get busy with my “paid” work and get it done and out of the way

so I can concentrate fully on the “gonna get paid” work … and then I have

to take Moe to Columbia on Sunday …

So, I’m on my horsey riding … hard … ;o)

You all have a wonderful day … and I’ll talk with you as soon as possible

Luv & Hugs …

That is when we knew that the connection with The Reverend Darby was not for advice and counseling but for influence.

We became aware of the connection when the response to this email was received.

Just a few days after being fired, my personal computer email was still showing WCOO as my affiliation. I had not remembered to remove it.

The letter for Ms. Thompson’s case was written on 27, August 2002 and is hereby entered into the public record:

Equal Employment Opportunity Commission

August 27, 2002

I, Lee Kent (Lee Kent) Hempfling, former Program Director of WCOO-FM a radio station owned by L.M. Communications II Of South Carolina Inc. and operated by L.M. Communications Inc. of Lexington KY. , located at 59 Windemere Charleston S.C. 29407 do hereby submit the following statement on behalf of and in support of the alleged EEO violations as submitted by Patricia Thompson, a Black, former part time radio announcer with same … as follows:

When I arrived at WCOO to begin my duties as program director I searched for documentation regarding current employees to determine the pay scales and terms whereby new employees would be hired in relation to existing employees.

The only records I could find were copies located in my department and consisted of a few disciplinary records on past and present employees and two statements providing wage information. I could only assume that current part time employees were being treated equally.

I asked General Manager Charlie Cohn what the rate was for part time employment in programming as both records on file indicated a vast discrepancy with one person receiving over $9.00 an hour and another receiving a monthly salary in order to keep him below his required disability earnings limit even though he was paid for outside work by writing the checks to his girlfriend instead of him (Wayne Morath).

There were no pay records in the programming files for Patricia Thompson.

Cohn’s response was between $7.00 and $7.50 per hour after he inquired whom it was I was planning to hire. At that time it was Jessica Mickey to work Sunday mornings. This was before Ms. Thompson left the station.

I again asked Cohn the same question when I hired Dwight (Landon) Lane for part time on Saturdays with the same response. This was after Ms. Thompson left the station.

I was appalled to find out at a later date that Patricia Thompson had been with the station longer than any other part time employee and had been receiving far less in hourly rate.

During the initial stages of my taking over the programming of WCOO I evaluated each employee’s on air work performance and determined that Patricia Thompson was the most qualified current employee for promotion to full time status. This was based on my listening to her show and to tapes of her show provided by Ms. Thompson as the station did not have an air check machine so she taped her show on her own machine.

After approximately 30 days of evaluation I approached Cohn informing him that I had decided for the best interest of the station’s ratings potential to replace Linda (Logan) Grumbein in “middays” on air and to replace Wayne Morath (Skip St. John ) in the afternoon position and would be seeking the best qualified candidates through public advertisement in trade journals and on line trade publications.

At that time I informed Cohn that I was thinking of Patricia Thompson as the midday replacement. His response was an emphatic ‘no’ with the reason given that he ‘had issues with Trish’. He offered no further explanation at that time.

I placed an equal opportunity ad on AllAccess.Com, and TVAndRadioJobs.Com for the afternoon position as a blind box because of the concern that both current parties would be disgruntled if they knew they were being replaced.

Only Mike (Allen) Almond, then program director of WYBB (the sister station), Cohn and myself knew of the ads being placed.

Shortly after the placement I listened to both Grumbein and Morath’s air shifts and wrote an aircheck critique and letter to both separately indicating the problems they had on the air and the problems I had with their execution of the format.

Both Grumbein and Morath approach Cohn about the critiques and wrote complaint letters about me to Cohn threatening legal action for having dared tell them how they were to perform their jobs.

It was then that I looked deeper into what personnel records I had access to and noticed that Grumbein had been hired as full time status the day after I left for Charleston from Phoenix, Arizona. Such hiring was without equal employment opportunity as no public notice was made of the opening and no person within the station or outside of the station was given the ability to compete for the position.

When I arrived I had been treated to a good deal of gossip about fellow employees from both Grumbein and Morath and Leslie Twigger (Office Manager) with Grumbein specifically referring to Patricia Thompson in derogatory terms and telling me to watch out for her.

After careful consideration of the employees in the department I found the truth to be the opposite. Grumbein was the one to watch out for. Patricia Thompson was a professional and did not fit in with the unprofessional bickering and backbiting going on inside the department from Grumbein.

Over the course of my employment I repeatedly approached Cohn about the midday position (afternoons were filled by hiring John Majhor of Sante Fe, New Mexico and severing the employment of Morath ) and each time I reiterated my strong belief that not only was Patricia Thompson the most qualified person in the building for the position but the station did not have a single full time black employee in programming. (Denise Moseley was the only other black employee and she was the receptionist). I strongly believed the station required an ethnic presence for proper presentation of the format and it appeared to me that the station did not care to do so.

When Patricia Thompson resigned from the station she broke down and cried when she informed me of her decision. I told her I was planning to train her more as I had intended to move her into full time. She did not know at that time that I had been trying to do that without success.

Ms. Thompson wrote a letter to L.M. Communications owner Lynn Martin in which she described the hostile environment she had suffered under while working in his station and told him of many other goings on all of which I was aware of but was unable to do anything about as I could not remove the two persons mostly responsible for the environment problems (Grumbein and engineer Bruce Musso who had begun a threatening email campaign directed at me and had been intimidating the staff I had hired ever since I had insisted to Cohn that the station have a black full time staff employee) and I could not do anything about Cohn’s obvious distaste for involving Ms. Thompson in any station position.

I was aware of a letter written by Ms. Thompson prior to my arrival where she brought up the problem of her not being given fair treatment for full time status and promotion and even though I do not remember her mentioning race in that letter it was my first reaction in reading it knowing the mannerisms and facial expressions used by Cohn when speaking of any minority person.

In fact Cohn blamed the lack of sales for WCOO on the station not having a black salesman when it was obvious to me that color had nothing to do with sales. Cohn repeatedly tried to talk me into getting rid of the ‘black’ format and to change the station to an all 80’s format. Considering his close relationship with Musso and Musso’s continuous attacks on me and those who worked for me I was convinced the problem was similar to Musso’s racial bigotry, flying the confederate flag on his truck and carrying a gun in it as well.

Shortly after her letter to Martin; Cohn and Almond approached me to inform me that they had offered a full time position in traffic to Ms. Thompson. It was not necessary for them to tell me that as I knew better from word inside the station and from Almond talking away from Cohn earlier in the search process for a midday replacement. I knew they were lying and trying to make up a cover story and they were trying to include me in it.

Management was instructed by Martin, the owner, not to have contact with Ms. Thompson while any potential legal issues were outstanding yet knowing this, Cohn ordered me to call her to see what she wanted while at the same time insisting he would never hire her. I refused to disregard the owner’s orders. I told Martin I considered that act to be a set up.

Also shortly after that letter Cohn ordered me to train Denise Moseley as a part time air staff member. When I tried to coach her he refused to allow her to be coached unless it was on her own time. That move was simply to put a black person on the air, qualified or not and the refusal to permit coaching during paid working hours amounted to Cohn’s insisting Moseley learn the job without the benefit of instruction thereby guaranteeing she would not learn. Cohn interrupted a training session and yelled at Moseley that she was not to do that on company time.

Weeks went by when finally Consultant Don Hallett approached me at the station on an in station visit with Martin and told me it had been decided to replace Grumbein and that if I wanted “Trish” I should get a demo of hers and send it to him. I was then supposed to remove Grumbein, advertise properly for the position and include Ms. Thompson’s demo as an applicant and if I still felt Ms. Thompson was the most qualified for the position that it would pay mid 20’s and would be a full time position.

Cohn rejected the instruction and refused to permit Grumbein’s replacement with Ms. Thompson or Grumbein’s discharge. I strongly believe the reason to be that Ms. Thompson had complained about unequal treatment in the past and Cohn refused to deal with that.

When I later learned that Ms. Thompson was working for a lot longer and at a much lower pay scale than her white counterparts I was appalled that such behavior had been permitted and apparently condoned by the ownership.

The EEOC is welcome to any material I have on file relating to WCOO and L.M. Communications (in all three of its incarnations) and they are offered in support of the correction of wrongs perpetrated upon Ms. Patricia Thompson and all other minority persons who have or may have worked for that company.

I was fired on July 22 2002 which occurred the second day of the week following my airing of a parody commercial on WCOO that I wrote and produced using one of my character voices that spoke of the confederate flag as being a display of treason. I am convinced it was a major part in my discharge.

A replacement morning personality was hired after I left without advertisement, without equal employment ability for any other race, creed, sex or national origin to compete for said position and the person was hired part time at what I believe to be $8.50 per hour.

Hallett on behalf of Martin had asked me repeatedly if I intended to remain with the station until retirement. The answer was repeatedly, yes.

I took the position based upon Martin’s initial statement to me in the employment interview that he desired to have me stay until retirement even though the money offered was less than the initial discussions.

I thought I could make a difference inside that station by standing up for what was right and at nearly 50 years of age an offer of ‘stay until retirement’ was a valuable asset in taking a position.

I repeatedly, both orally and in writing requested a full time black employee in programming. The issue was repeatedly ignored.

Sincerely

_____________________

Lee Kent Hempfling

53 Muirfield Parkway

Charleston SC 29414

843-327-1996

This letter was necessary for me to write, if only to justify my involvement in my own case. If Ms. Thompson’s case was not true on its own merits, whether or not something ‘fishy’ was going on about its getting legally handled, then I did not have a case and would have been either horribly mistaken or the victim of fraud, or both.

That letter and the facts contained in it, convinced me her case was on sound legal grounds, and my involvement, was above reproach.

I was not convinced the connection through the NAACP and the EEOC was on sound illegal grounds until recently, when studying these emails showed the connection.

No response was received from Mr. Sanders.

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Subject: First Response …

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—-Original Message—–

From: Joe Darby [mailto:[email protected]]

Sent: Sunday, July 28, 2002 11:36 PM

To: Patricia

Cc: Dwight James

Subject: Re: How Would I Go About

Ms. Thompson,

Thanks for the info. All direct action has to be approved by our State

Executive Board, so I’m forwarding this to Executive Director Dwight

James

in Columbia. You can expect to hear from him, and can reach him at

803-754-4584.

>From what you say, a boycott may be a moot point since I wasn’t even

aware

of the station and they won’t be able to draw a black market share in a

competitive marker like Charleston unless they get some black “air”

talent.

If you’d like to discuss this further before you hear from Dwight,

please

page me at 814-8764.

Thanks,

Joe Darby

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Date: Tue, 30 Jul 2002 12:09:34 EDT

Subject: Re: GOOD MORNING!!!!

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Hi SQ …

Reverend Darby and I have exchanged a few emails … he is considering a

different approach … I’ll tell you about it later … more on the lines of

ensuring that unsuspecting African-Americans don’t go there for employment

… that kind of an angle …

But, I did mean to email you earlier this morning … I want to go ahead and

get my inquiry to the EEO ready to take with me when I go to Columbia this

weekend and drop it off at their location on Sunday before I leave and I need

some information.

I am going to inquire into the Equal Pay for Equal Work aspect, and I know

what LL was making as a part-time radio announcer, even though she didn’t

deserve it, but I also need to know what Jessica, and those other weekend

guys, and Bobby and oh, I can’t believe I can’t remember his name … the one

that voice tracked on 105 and also part-timed on 98 … Thomas is his name

… how could I forget … whewwww, I knew I knew it … what they started at

when they were hired as part-timers.

This is very critical information that I need to know …

I AM SOOOOOOOOOOOOOOOOOOOOOOOOOOOO MEGA MEGA MEGA MEGA MEGA MEGA HAPPY That

you are feeling better … Luv & Hugs … ;o)

Still no word from that Mandy person from the Post & Courier … maybe she’s

on vacation or something … and no word from anyone else either … but

sometimes, it takes a while … so, as you know I’m patient … but I do want

to have my packet ready for Columbia’s EEO office ... before I go out of town

for the weekend …

Talk with you later … ;o)

According to the EEOC web site, there is no office in Columbia. It is shown to be in Greenville. The NAACP office is in Columbia. The EEOC, even if there were an office in Columbia, would not be open on a Sunday for a special delivery.

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A response …

Also, your MEGA summary is MEGA Excellent … after going over it in detail,

for the most part, when I finally reached the end … I wish you would have

elaborated more in your staff meeting notes that you sent to DH after our

first meeting together as a staff … on the specifics of my enlightening you

on the tension between me and LL … it would have established a broader

pattern from you as a new person coming in … but just the fact that you

mentioned it … makes everything that much sweeter and oh how sweet the

sweets will be …

I also heard from Joe Darby, and he’s invited me to attend the next NAACP

meeting, fourth Thursday in August, perhaps you should consider coming along

with me.

And, since Reverend Darby is from the Columbia area, originally, I believe, I

know he is not from Charleston, as he moved here from Columbia about 4 years

ago … I’ll reach out to him regarding “attorneys” I’m sure he has to know

of a few … at least one.

Would you mind if I share the MEGA Summary with him … I’m going to ask him

to set some time aside for us to meet and I’d like to take your MEGA Summary

along with me … if only to see how wide his eyes bulge … ;o)

Have a Tony Tiger G-R-E-A-T Day …

Some of your MEGA Summary was soooooo funny … some soooooo sad … but ALL

SOOOOOO HONEST!!!

Like SQ says … The good will prevail!!! ;o) And, that’s for MEGA sure!!!

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Subject: Re: From The Post & Courier

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And one of the reasons WMGL is on top now … is because they stole an idea

that we (Stevie and I) had come up with on our own (before your arrival) and

initiated because no one else would … proof also exists /shows when the

ratings were the highest for WCOO … the time I had # 1 & 2 on the

“freaking” weekends of all times and Stevie after 7pm … but, yet we didn’t

know anything … that’s also during the time when WMGL was at # 8, & 6 …

But now that they have the proper understanding … they are working it, and

rightly so, and just about an hour ago on my way to work … I heard a song

on WMGL that made me say to myself … We’ll there’s no way now … WCOO is

EVAH GONNA have enough juice to cut it now …

Especially since they lost and let go … one of the best things that had

ever happened to the station … I wish you could have came in when Ken

Carson left instead of Mike … Then you’d still be there, I’d be there,

Stevie might be there … but we could have ENSURED that WCOO remained on top

or in the top five at least, for each and every book …

THOSE KNUCKLEHEADS … Have a Jaguar and don’t know how to operate it or take

care of it …

And, in SPITE OF ALL THE CRAP you had to put up with by yourself … YOU

STILL made a difference and it only would have and COULD have gotten better

if they would have just let you drive your own car …

Don’t tell me anything else because I promised myself that I am not going to

let WCOO and the negligent staff and management there rent anymore space in

my brain … I don’t care what happens to them now …

I just want them to stop playing and abusing “MY” music … and I’m going to

do everything within my ability to see to it that the are STOPPED!!!

Tell SQ I remember what she was supposed to remember … hahaha ;o)

Get some rest … have a safe trip … kiss the babies for me … let me know

you made it back home safely …

And, just in case … send me some kind of access to FCC stuff … so, just

in case something happens, not trying to be negative … but just in case …

I can still help see our cause through …

Luv & Hugs … ;o)

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Date: Mon, 12 Aug 2002 07:59:58 EDT

Subject: Revisions

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Glad to know you had a safe trip … babies arrived safely and happy too?

Here are some revisions I’ve worked on … the changes are in blue and/or red

as indicated …

I left a voice message last night for Mr. Billy Sanders the EEOC Rep at the

Regional Office in Charlotte to contact me at my work number or cell …

Busy day ahead … talk with you later … luv & hugs ;o)

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i spoke with Mr. Sanders, we have an appointment to speak again by phone this

evening at 7pm

i’ll try to contact Yvette … if she’s still over there where Steve is and

see what I can find out … if anything …

some people “know” how I am about business related issues … so they may not

be comfortable speaking with me, but I’ll try … also …

I may just go on over there in person and put in an application for

employment over there as well … hahaha …;o)

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He is the contact Reverand Darby told me to call at the Charlotte EEOC

Regional office … remember …???

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Subject: Re: ;o)

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LK … take a look …

The time and a half pay for holidays is N/A for me because I wanted to work

those hours LIVE … so, I volunteered to do so … they had been scheduled

as voice track hours …

I lost a paragraph somewhere … when I was trying to move it to the proper

location something to do with either Linda or Bruce … can’t remember now …

but everything else is accurate … a few places here and there I added so

more …

I’ll have to print what I have … I need to leave in a few … by 5:30 to

meet Mr. Sanders. He just called and let me know he had arrived …

I’ll check email again in 10 – 15 mins … in case you have time to remember

the paragraph I left off … it was in green and an add on that I need to

mention …

Thanks … ;o)

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Date: Fri, 16 Aug 2002 09:09:39 EDT

Subject: SQ

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Good morning … How is my SQ feeling???

I’ll talk with you about everything later … It went very well … and I

have some info for you that I need to bring by the garage … ;o)

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Date: Tue, 20 Aug 2002 12:05:02 -0400 (EDT)

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Subject: Re: Yo!

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I’ll see you in a while … on my way to my appointment.

Also, spoke with Mr. Sanders … stuff is in the mail … ;o)

Talk to you in a few … SQ Luv U ;o)

Reply-To: “Lee Kent” <[email protected]>

From: “Lee Kent” <[email protected]>

Subject: Complaint Initial

Date: Wed, 28 Aug 2002 13:43:35 -0400

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Mr. Sanders,

Per our telephone conversation of last week I am providing you with the =

following information in advance of its transmittal to you in U.S. mail. =

I have the initial intake form as you provided it to Patricia Thompson =

for my use and I will be submitting it to you in the mail transmittal. =

Below are the following:

1: The letter of introduction

2: The Form 5 synopsis and summary of the charges of discrimination

3: The letter I provided to Patricia Thompson in support of her case =

before the EEOC.

If there is anything else I need to include with this filing please so =

inform and thank you for your kindness and attention.

Lee Kent Hempfling

53 Muirfield Parkway

Charleston SC 29414

843-327-1996

=20

Billy C. Sanders, Program Manager

United States Equal Employment Opportunity Commission

Charlotte District Office

129 W. Trade Street

Suite 400

Charlotte NC 28202

=20

August 30, 2002

=20

Mr. Sanders;

=20

Enclosed with this letter are the complaint, the initial intake form, =

contents of Form 5, document manifest, implied employment contract =

examination, supporting documents of non-email nature, supporting email =

documents, copy of the FBI complaint, copy of the FCC complaint, copy of =

the letter sent to the owner of the former employer and copy of my =

statement to the EEOC regarding discrimination issues related to the =

filing of Patricia Thompson.

=20

I respectfully submit these documents as a formal complaint filed =

against my former employer: L.M. Communications Inc. and its =

subsidiaries, L.M. Communications of South Carolina Inc. and L.M. =

Communications of South Carolina II Inc. and request an investigation =

and the pressing of charges for violating my rights under Title VII of =

the Civil Rights Act of 1964, as amended.

=20

I seek redress of grievances for the violations of law perpetrated =

including those outlined in the FBI and FCC complaints attached as =

retaliation actions taken against me and such relief maximum as =

permitted by law to make me whole and whereas the discrimination was =

intentional: such compensatory and punitive damages as may be acquired =

as the maximum permitted by law including actual monetary losses, future =

monetary losses, and for mental anguish and inconvenience.=20

=20

Since it is outlined and proven within these documents that the employer =

acted with malice and reckless indifference I further seek such punitive =

damages to the maximum permitted by law.

=20

I further seek that the employer be required to post notices to all =

employees addressing the violations of each specific charge and advising =

them of their rights under the laws EEOC enforces and their right to be =

free from retaliation.

=20

I further seek the employer be required to take corrective or preventive =

actions to cure the source of the identified discrimination and minimize =

the chance of its recurrence, as well as discontinue the specific =

discriminatory practices involved in the case.

=20

I further seek specifically the elimination of any perceived non-compete =

condition and return of all monies provided to the employer in repayment =

of a forced moving loan.

Submitted via U.S. Mail August 30, 2002-08-28

=20

Sincerely

=20

___________________________

=20

Lee Kent Hempfling

53 Muirfield Parkway

Charleston S.C. 29414

843-327-1996

=20

————————————————————————-=

——————————————–

FORM 5 (Test 10/94)

=20

Chare of Discrimination:

=20

[x] FEPA

[x] EEOC

=20

Name: Lee Kent Hempfling

Home Phone: 843-327-1996

Street Address: 53 Muirfield Parkway, Charleston S.C. 29414

DOB: 09/09/52

=20

Employer: L.M. Communications Inc.

# Employees: 15+

Phone: 843-769-4799

Street Address: 59 Windemere Blvd. Charleston S.C. 29407

=20

Cause of Discrimination Based On:

[x] Age=20

[x] Religion=20

[x] Retaliation

=20

Dates of Discrimination: Inclusive from 2/1/2002 to 7/25/2002

=20

The Particulars Are:

=20

I: I was subjected to discriminatory terms and conditions of =

employment, harassed, denied employment, subjected to a hostile =

religious and retaliatory work environment, denied employment and =

discharged from my full time position because of retaliation for my =

attempt to offer equal employment ability in hiring of minorities, =

complaining about the refusal of management to consider minorities for =

full time positions and objecting to and requesting management’s =

intervention to stop harassment directed at me in the workplace and out =

of the workplace which “contributed to the hostile environment” =

experienced at work in violation of Title VII of the Civil Rights Act of =

1964, as amended.

=20

A: Retaliatory Intimidation I was subjected to =

included:

1: Threatening emails while =

employed.

2: Threatening email after =

discharge.

3: Threatening anti-Semitic =

terrorist photo sent in email.

4: Refusal to permit the carrying =

out of my job responsibilities.

5: Blame for lost commercial =

revenue.

6: Sabotage of work performed.

7: Public humiliation and character =

assassination.

8: Humiliation to staff by =

management.

9: Attempts to trick me into =

violating corporate policy.

10: Sabotage of transmitter power to =

damage performance.

11: Sabotage of station audio =

processing to damage performance.

12: Sabotage of program elements for =

my morning show.

13: I AND my wife were ordered not to access any phone number in the =

Lexington KY area code.

14: Refusal to permit work tools. (Supplied after I was discharged.)

15: Called a liar repeatedly.

16: Insulted continuously behind my back.

17: Ignoring every instance reported by me of alleged illegal activity.

18: Receipt of edited audio music file obviously claiming responsibility =

for my discharge.

19: Equipment was damaged.

20: Notices of unsafe working conditions were ignored.

21: Music scheduling software was tampered with.

22: Attack continued after employment.

23: Penalized for wanting to improve the midday show by reducing the =

show to part time if I wanted to replace the current staff member.

24: Rumors and innuendos.

25: Threatened with legal action.

26: Refusal to repair equipment.

27: Replacing equipment with inferior parts.

28: Hatred for ‘black’ music.

29: Branded a ‘complainer’.

30: Intimidation of new employee before starting date.

31: Software was deleted from production equipment.

32: Given a broken ‘boom box’ to suffice for an aircheck machine.

33: Retaliation for stopping ‘Plugola’ on the air.

34: Continual reference to changing format.

35: Phone call from engineer yelling about a memo I was told to write =

asking for his help in changing microphones.

36: Show prep stolen from my desk.

37: Equipment in my desk was damaged.

38: Given a non-working phone for my desk.

39: Ethics questioned.

40: Interruptions on the ‘hotline’ while doing my show.

41: Tampering with the station’s Legal ID

42: Given worst computer in the building for my desk.

43: Degradation of my wife for having spoken to Lynn Martin.

=20

II: The reason I was given for discharge was “poor performance =

of the station” however the Arbitron ratings results for the period in =

question showed “significant gains” according to Mindy Spar, =

entertainment writer for the Charleston Post & Courier. I tried =

repeatedly to hire a minority person full time but was forced out of my =

employment for doing so.

=20

III: I believe I have been discriminated against because of my =

religion, Jewish, and in retaliation for complaining about =

discrimination in violation of Title VII of the Civil Rights Act of =

1964, as amended.

=20

IV: At-Will employment does not apply as an implied contract was =

in force.

=20

V: Furthermore, the company discriminates against Blacks as a =

class relative to hiring, job assignments, wages, promotions, transfers, =

discipline and discharge and discriminates against those who object to =

such actions and discriminates against those who attempt to correct such =

actions.

=20

————————————————————————-=

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Date: Mon, 02 Sep 2002 14:10:10 -0400 (EDT)

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From: <[email protected]>

Subject: Re: My EEOC Complaint

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I’ll call her when I get home …

This is work that I didn’t do when we were doing the EEOC thing back and

forth … that I have to do before tomorrow … because I want my desk free

and clear before everyone gets back from Kansas … ;o) besides … this is

the only place I can go online …

And, I promise that since I’ve been here, I haven’t touched a piece of work,

but I am gettting ready to now … I plan to leave at 5, make a couple of

stops on my way home and I should be home by 7ish … ;o)

Then I’ll take my calgon take me away bubble bath and call my SQ ;o)

Reply-To: “Lee Kent” <[email protected]>

From: “Lee Kent” <[email protected]>

To: “BILLY SANDERS” <[email protected]>

References: <[email protected]>

Subject: Re: Complaint Initial

Date: Tue, 3 Sep 2002 11:41:02 -0400

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Yes sir. All documents and the complaints transmitted via priority mail =

in a box. You should have

them delivered to you today.

thank you

lkh

>I hope you are sending me copies of this information because my intake =

staff can not deal with it in this form.

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Subject: Re: more

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ok … these may be short responses, but I assure you I am with you 100% ;o)

I have so much to do today. I’m trying to wrap things up in office, so I can

take about 5 days off to tend to some special projects, this being one of

them ;o)

Tell my SQ hello, luv and hugs ;o) Getting ready to email Billy now … All

of a sudden I feel very unsafe even here … that’s really bothering me …

;o)

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Date: Wed, 04 Sep 2002 08:03:43 -0400

From: “Patricia” <[email protected]>

Subject: FW: Trish Thompson

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—–Original Message—–

From: Patricia [mailto:[email protected]]

Sent: Wednesday, September 04, 2002 8:03 AM

To: ‘[email protected]’

Subject: Trish Thompson

Billy,

I hope all is well with you. I need some advice. I need you to tell me

something to keep me from being a nervous wreck. Last night Lynn Martin

the owner of LM Communications called me at my HOME number … I was

shocked to hear from him … How could he have obtained my number? Is

it on my complaint form??? Is he allowed to contact me like that now,

after

it’s been made official??? He called me from (859) 233-1515 at 7:11 pm.

I tried to have a decent / civil conversation with him, but I also know

that he realizes how serious this is to me. He indicated that he was

very disappointed with my actions and that he would fight it … and I

told him he could dispute whatever he felt he needed to … He tried to

imply that Charlie was offering me a position as a sales executive and I

informed him that this was not the way Charlie presented it to me and

that I specifically asked Charlie in what capacity was he presenting

this whatever it was he was presenting to me … and Charlie implied he

didn’t know …

Because Mr. Martin kept implying that I misunderstood Charlie’s

intentions, I told him because I knew he would take this position for

Charlie that I had recorded the conversation. He asked me if Charlie

knew I was recording the conversation, I told him no and that I’m sure

if he’d known he wouldn’t have said the things in the manner in which he

did. I further told Mr. Martin that I was further insulted and felt

discriminated against because of how he went about presenting the

so-called “opportunity” to me and that when all was said and done and I

verbally presented my argument, that he would take the position like I

had turned down a wonderful opportunity and now I had proof that that’s

now how it went.

Mr. Martin then asked me if he could hear the recording so that he could

judge for himself … I told him I’d have to think about it, that I

indeed wanted him to hear the recording, that I wanted to watch him hear

the recording, and asked when would he be coming to Charleston again.

He told me it would be early October and he also asked if I would send

him a copy in the mail. I told him I’d get back to him about that in a

few days.

Afterwards, as I recapped our conversation, I began to fell like, Oh My

God what have I done. How did he get my phone number … am I going to

start being harassed … am I safe at work now, or at home … I began

to feel that this might be some kind of intimidation tactic to try to

… I don’t know what … I just know it has me on edge right now …

and I’m concerned about his true intentions or is this just another ploy

…

If he contacted me and was not supposed to … what can I do about it to

ensure that he doesn’t continue to contact me in this manner? Or,

contact my current work place … They all know where I work Billy, now

I’m looking all around me, wondering if I’m being followed, all kind of

stuff man.

Please give me some guidance … As soon as possible … I need to be

able to think and right now … I can’t think about anything else … I

know what these people did to Lee … my God Billy, what’s going to

happen to me next?

So, if I all of a sudden end up injured or dead … this is becoming

scary … do please don’t think I’m being playfully jokey right now,

because I’m not … Please do not let this go … Please do not let this

go, if something does happen to me.

And, even more so than me, he asked about my son, Moe, whom you know I

don’t mind talking about … but now I’m worried about that … Moe’s

team plays the University of Kentucky on October 12 in Kentucky …

Maybe I should not let him go there … See, I did not want this to

effect Moe in any way, now I’m worried what if they do something to him

to get back at me … what if they get somebody to hurt him on the

football field … Billy, I would never forgive myself … EVAH …

Billy my mind is spinning … please email me, call me something …

before I explode from worry … Thanks, Take Care, Patricia ;o)

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Date: Wed, 04 Sep 2002 12:07:09 -0400 (EDT)

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From: <[email protected]>

Subject: Re: more

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I’m fine … just a bit nervous earlier until Billy called me and I have

settle down a lot now … He is has a great calming you down effect … he

can say that sentence that makes it all go away …

and you’re right too LK … Billy is pissed but he’s a “cool pissed” and

those are the worst kind of pisses to be … those “cool pisses” … tell SQ

that … she’ll get a hoot from my new terminology … I need to start a

dictonary ;o)

I just need to get some work done … I mean this has been so time consuming

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Date: Thu, 05 Sep 2002 17:18:40 -0400 (EDT)

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From: <[email protected]>

Subject: Re: Best Wishes

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I just heard from him about 10 mins ago or so … well longer than that now,

cause I started this and that was about 30 mins ago now … They are slowly

making progress from what I could tell … ;o) This has been a not so good

day …

I’ll talk to you later … ;o) Luv Ya ;o)

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Date: Tue, 10 Sep 2002 10:04:31 -0400 (EDT)

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From: <[email protected]>

Subject: EEOC

Message-ID: <[email protected]>

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Good Morning…

Spoke with Denise this morning …

She said “they” received another letter yesterday. I told her it was yours.

She said, “Are you kidding me?” I told her it’s real. She said, “Thank you

so much, thank the both of you so much!”

Contact her so she can tell you herself … she overheard Conehead talking to

someone via phone … and something to the nature … he’s not worried about

it and just not wanting to deal with it … and something about mine -vs-

yours, one being more complicated than the other … I apologize, I can’t

remember, there was alot of background noise and then Conehead walked in to

the office there and she had to go … so it was real quick quick … but,

let her tell you!

I have to go … I’ve got to get busy, I plan to be away the rest of the week

after today … ;o) … So, if you don’t hear from me throughout the day,

I’ll contact you this evening, sometime … Take Care … ;o) luv & hugs …

Reply-To: “Lee Kent” <[email protected]>

From: “Lee Kent” <[email protected]>

To: “BILLY SANDERS” <[email protected]>

Subject: Mr. Sanders

Date: Tue, 17 Sep 2002 14:42:02 -0400

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Will I be receiving a confirmation letter and case number from your

office regarding the complaint I recently filed? I understand it has =

been

sent to the radio station (WCOO) but as of yet I have not received

confirmation that it has been processed nor of what the progress is.

Thank you

Lee Kent Hempfling

843-327-1996

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Date: Wed, 18 Sep 2002 21:25:37 -0400 (EDT)

From: <[email protected]>

Subject: Re: question

Message-ID: <[email protected]>

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Hi, I tried to call you guys … and I sent SQ and IM …

To answer your question … I believe it took about 10 days or so to receive

mine in the mail … maybe a bit longer … can’t remember … but I’ll look

at the paperwork when I get a chance … I think it was about 10 days though

…

Give them a call and let them know you hadn’t received anything regarding

your complaint … that they’d received it or anything … Now, ;o) ;o) ;o)

you know it’s gonna take someone about a month to ready it all … right???

;o)

Just teasing … but yours was a lot longer than mine … and we both know it

was received “unofficially” …

Man, I’m gonna answer another email or two and then I’m gonna try to call you

guys again … then I’m gonna go to sleep … had a long weird day …

Oh, and thanks for answering my question, earlier this morning … I just

hadn’t had a chance to do much emailing today … it was very informative and

very much appreciated … In fact, I need to look at it again … I think I

only got to #4 and had to sign off …

Talk to you later … luv & hugs … ;o)

But my case was not received ‘unofficially’. It was transmitted in email and acknowledge in email with a question about it being in hard form. It was sent in hard form to the Program Manager, Mr. Sanders. It had not been confirmed and no number had been provided in confirmation.

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Date: Mon, 30 Sep 2002 20:24:21 -0400 (EDT)

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From: <[email protected]>

Subject: Re: any updates?

Message-ID: <[email protected]>

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Hi, thanks ;o)

I haven’t heard anything from anyone. Perhaps, you should make an inquiry to

the EEOC and check the status of your complaint. That’s all I can suggest.

I’m kind of letting it take its course. He assured me that he has

everything, will be investigating, has requested both our cases to be

assigned to him, that he would come here to take care of what needs to be

taken care of and I believe that he will. I’m sure we are not the only cases

he has to work, but I feel strongly that when it’s our turn he will give it

his utmost consideration and attention. I understand that they have a right

to request an extension in providing their input. With the “we don’t employ

more than 15 people” issue, I’m thinking that he is doing whatever he needs

to do in order to handle that situation as he sees fit in accordance with his

policies and procedures. He has to remain, also, in a neutral position,

regardless of what he may really think or feel and I’m sure maintain a high

level of diplomacy in order to work effectively for all of us concerned.

I’ve decided to let him drive the ship. I feel that what he’s told me and

that I’ve shared with you is valid and when the time comes to put all the

elements together, it will happen. I’m sure he cannot, suddenly, appear to

devote all of his attention to these particular complaints, or treat it any

differently than any other cases he has to investigate, all variables being

equal in the process. Even though we had an inside link, and I’m greatful we

did, who knows how long this process would take otherwise?

I thought Martin was coming in tomorrow, but maybe I’ll call Denise later

tonight and check on her and things … I don’t particularly care to hear

from Martin at this juncture. And, if he tries to contact me, I doubt I’ll

talk with him or answer his phone call if he tries to call me.

Hope all is well with you … I’m a bit tired from the trip but I need to

answer some emails and work on one of my projects for about an hour … Then,

I’ll try to reach Denise and I’ll call you before I go to sleep. Perhaps,

around 930ish!

Luv and hugs ;o)

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Date: Fri, 04 Oct 2002 10:53:52 -0400

From: “FCCTSR15” <[email protected]>

X-MIMEOLE: Produced By Microsoft MimeOLE V6.00.2800.1165

Subject: Re: Submission follow up

Message-ID: <[email protected]>

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Dear Lee Kent Hempfling;

I can not find information on this complaint on our database. This could =

mean a couple of things, 1) It has not been entered into the system yet =

2) I am looking under the wrong name.

If you could possible FAX in the complaint to 717-338-2694 Attn: Donna =

Creager (please include your e-mail address if you FAX this in) or e-mail =

it directly back to this e-mail including all previous e-mails, I will =

make sure it is entered ASAP and I will be happy to e-mail back confirmatio=

n of receipt and the Informal Complaint Number or you may file on-line at =

http://svartifoss2.fcc.gov/cib/fcc475.cfm

=20

Filing on-line is quicker and easier, the confirmation number you receive =

when you submit this form on-line is your actually complaint number. =

Please keep this number and refer to it if you notify the FCC for =

status.=20

I am sorry for any inconvience.

Best Regards,

Donna

GCC15

>>> Lee Kent <[email protected]> 09/23/02 01:42PM >>>

Some weeks ago I submitted a complaint to your office via email. I am

seeking to find its status.

What action has been taken on the complaint to date?

What is the status of the complaint to date?

Thank you.

Lee Kent Hempfling

53 Muirfield Parkway

Charleston, SC 29414

843-327-1996

Reply-To: “Lee Kent” <[email protected]>

From: “Lee Kent” <[email protected]>

To: “FCCTSR15” <[email protected]>

References: <[email protected]>

Subject: Re: Submission follow up

Date: Fri, 4 Oct 2002 11:26:42 -0400

MIME-Version: 1.0

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Disposition-Notification-To: “Lee Kent” <[email protected]>

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——=_NextPart_000_51E7_01C3422F.4DF9D2A0

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charset=”iso-8859-1″

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Thank you. Here is the submission.

—– Original Message —–

From: “FCCTSR15” <[email protected]>

Sent: Friday, October 04, 2002 10:53 AM

Subject: Re: Submission follow up

Dear Lee Kent Hempfling;

I can not find information on this complaint on our database. This could

mean a couple of things, 1) It has not been entered into the system yet 2)

I am looking under the wrong name.

If you could possible FAX in the complaint to 717-338-2694 Attn: Donna

Creager (please include your e-mail address if you FAX this in) or e-mail it

directly back to this e-mail including all previous e-mails, I will make

sure it is entered ASAP and I will be happy to e-mail back confirmation of

receipt and the Informal Complaint Number or you may file on-line at

http://svartifoss2.fcc.gov/cib/fcc475.cfm

Filing on-line is quicker and easier, the confirmation number you receive

when you submit this form on-line is your actually complaint number. Please

keep this number and refer to it if you notify the FCC for status.

I am sorry for any inconvience.

Best Regards,

Donna

GCC15

>>> Lee Kent <[email protected]> 09/23/02 01:42PM >>>

Some weeks ago I submitted a complaint to your office via email. I am

seeking to find its status.

What action has been taken on the complaint to date?

What is the status of the complaint to date?

Thank you.

Lee Kent Hempfling

53 Muirfield Parkway

Charleston, SC 29414

843-327-1996

——=_NextPart_000_51E7_01C3422F.4DF9D2A0

Content-Type: application/msword;

name=”Complaint Before The FCC.doc”

Content-Transfer-Encoding: base64

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filename=”Complaint Before The FCC.doc”

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Date: Tue, 08 Oct 2002 09:39:30 -0400

From: “FCCTSR15” <[email protected]>

X-MIMEOLE: Produced By Microsoft MimeOLE V6.00.2800.1165

Subject: Re: Submission follow up

Message-ID: <[email protected]>

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Hello Mr. Hempfling;

I am sorry but I thought your complaint was pertaining to wireline/wireless=

service. Your complaint should be sent in writing to:

Federal Communications Commission

Enforcement Bureau

Investigations & Hearing Division

445 12th Street SW

Room 3-B443

Washington, DC 20554

Phone Number: 202-418-1420

I am sorry for the misunderstanding.

Best Regards,

Donna

GCC15

Reply-To: “Lee Kent Hempfling” <[email protected]>

From: “Lee Kent Hempfling” <[email protected]>

To: <[email protected]>

Subject: Mr. Sanders

Date: Wed, 16 Oct 2002 17:17:08 -0400

Organization: RadioWare

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Mr. Sanders

This email is an update query rather than pick on you at your phone number.

Can you tell me what the status of my case is?

Has LM Communications responded to my complaint?

Is there anything I should be doing to help you in your tasks?

Thank you for your efforts

Lee Kent Hempfling

http://www.radioware.net

Return-Path: <[email protected]>

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From: <[email protected]>

Subject: Have A Nice Thanksgiving!!! ;o)

Message-ID: <[email protected]>

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Howdie … I just came back from North Carolina … ;o) … last night!!!

Hope you have a nice Thanksgiving …

My mailing address is: Patricia Thompson, POB 756, Goose Creek, SC 29445

I’ll talk to you in a while … ;o)

Luv Ya SQ … ;o)

Reply-To: “Lee Kent Hempfling” <[email protected]>

From: “Lee Kent Hempfling” <[email protected]>

To: “BILLY SANDERS” <[email protected]>

Subject: Mr. Sanders

Date: Mon, 9 Dec 2002 11:02:01 -0500

Organization: Iggit

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Disposition-Notification-To: “Lee Kent Hempfling” <[email protected]>

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Greetings,

I am writing in request for an update and status report on my case #

140A201867

filed with your office on August 29, 2002. I have not had a progress report

or received

an update as to the condition of the complaint, its position in

investigation or any other

response since having received the assigned reference number dated October

17, 2002.

I have tried to call your office but the phone number is a recording.

Also please be advised of the change in my email address to the address

contained

in this email.

I look forward to a response from you.

Lee Kent Hempfling

53 Muirfield Parkway

Charleston SC 29414

http://www.iggit.com

http://www.heartheheartbeat.us

Lee Kent Hempfling

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From: <[email protected]>

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Date: Sun, 5 Jan 2003 20:58:26 EST

Subject: Re: Any news??

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Still no word from Mr. Sanders. I’ll try to reach him at his office

tomorrow!

Luv Ya … Take Care … Will probably talk with you tomorrow or Tuesday

evening!

Hugs and Kisses SQ … TT

No contact for a month.

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Date: Thu, 06 Feb 2003 08:49:51 -0500

From: “BILLY SANDERS” <[email protected]>

Subject: Re: W-2 Not received

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I can’t help with you with the W-2 situation and it is beginning to appear =

that we don’t have jurisdiction over L M Communication. My legal dept is =

looking at their info now and will advise me and I will let you all know.

>>> “Lee Kent Hempfling” <[email protected]> 02/05/03 11:56PM >>>

Mr. Sanders

Case: Lee Kent Hempfling vs. L.M.Communcations Inc. et.al.

Just to let you know that I have not received my W-2 form from L.M.

Communications yet. It is my understanding the law states they have to

be postmarked by January 31st. I am going to need to contact L.M.

or have contact made for me to get my W-2 sent to me unless it is

received soon with that postmark. Should I contact the IRS in this?

Our new phone number is 843-225-6310

Thank you

lkh

Wage and Tax Statement, Form W-2: Form W-2, Wage and Tax Statement, shows

wages received during the calendar year (including tips and other

compensation) and the amount of taxes withheld from those wages. At the =

end

of each calendar year, all employers must furnish a Form W-2 to each

employee who has worked for them during the calendar year. Even if the

employee has no federal income tax withheld, the employer must still =

provide

a Form W-2 if the wages were subject to Social Security and Medicare =

taxes.

Employee W-2s must be postmarked by January 31. The W-2 Wage Statement =

must

be reported to the Social Security Administration by the last day in

February. Employers filing electronically to Social Security are given an

extra thirty days.

http://www.iggit.com

http://www.heartheheartbeat.us

Lee Kent Hempfling

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Date: Thu, 06 Feb 2003 10:50:14 -0500

From: “BILLY SANDERS” <[email protected]>