Following the filing of an extensive civil suit against their previous employer, two former employees of Hopkinsville Solid Waste Enterprises have entered amendments regarding various failures to render overtime and compensation — alongside the muzzling of a potential embezzlement scheme.
Put forth January 26, Jonathan Craig Hawkins and Timothy Brian Shephard, Jr., have moved from five to seven counts alleging the following:
— Count I is a failure to properly pay overtime compensation to Hawkins and Shephard, Jr., through the Fair Labor Standards Act.
— Count II is the same non-payment for overtime compensation to Hawkins and Shephard, Jr., through Kentucky Revised Statute.
— Count III is a violation of the Kentucky Whistleblower Act, through Hawkins.
— County IV is common law wrongful termination in violation of public policy, through Hawkins.
— Count V is retaliation for asserting Fair Labor Standards Act, through Hawkins.
— Count VI is a breach of contract, through Shephard, Jr.
— And Count VII is a violation of the Kentucky Wages and Hours Act for the non-payment of accrued “compensatory time,” through Shephard, Jr.
It also seeks a prayer of relief, demanding a jury trial granting all owed monies be paid.
According to the original claim, the nature of this reported scheme — one discovered by Hawkins and Shephard, Jr. — points to former, and now retired, General Manager Tony Sicari, who would have a particular vendor bill amounts to HSWE for services performed.
Knowing the amounts billed were excessive and not rightfully owed, Sicari then ensured HSWE paid these amounts, and in exchange, the vendor would personally pay amounts to Sicari.
A letter from Hawkins’ attorney, Madisonville’s Mark N. Foster — dated April 14, 2023 and addressed to current HSWE General Manager Richard Hopper — was also entered into the record alongside the amendments.
Of its six pages, four of them greatly detail the purported theft scheme, asserting the following notions:
— That HSWE, through Sicari, paid approximately $1.6 million over the course of 10 years to Mike Swatzell, of Mike’s Muffler & Welding in Princeton, for the welding of dumpsters and similar metal box structures.
— That Sicari and Swatzell had an arrangement for excessive billing, creating kickbacks.
— That Hawkins possesses a large number of text messages incriminating both Sicari and Swatzell of all the matters in question.
— And that the questioning of these efforts eventually led to unlawful termination.
One such texting exchange between Swatzell and Sicari took place in early January 2020, just before the pandemic, with Swatzell noting, “momma says we need money,” and Sicari responding, “that makes two of us, lol, sponsor week after next.”
Three months later, as the pandemic surged, Sicari texted Swatzell: “don’t forget invoice today or tomorrow. My doctor wants me to go home so I can be at home for 14 days to self quarantine, since I am at high risk with diabetes, high blood pressure and COPD. Most likely leave Wednesday morning. Be gone until April 1. Just hang on to mine next week until I get back. I will sure need it.”
Hopkins wrote that “COVID caused inconvenience in fraudulent kickback schemes,” and he emphasized to Hopper that “this was just a sampling,” and that “Sicari and Swatzell were not the smoothest of criminals,” and would be able to substantiate the fraud scheme in a court of law.
Sicari was retired in October 2022. Hawkins opened the suit that November, and Shephard joined in May 2023.
A civil suit only provides factual information from one testament.
Hopkins’ Letter To Hopper:
