GFL Environmental, Inc. claims it does not have employees or do business in Tennessee, despite Waste Industries merger
According to a federal lawsuit The Law Firm of Tamara N. Holder, LLC filed on behalf of Heather Cummins, our client alleges she became an employee of publicly-traded GFL after it purchased Waste Industries, including her Clarksville, Tennessee location.
Now, in GFL’s attempt to be dismissed from the case, Vice President and General Counsel Mindy Gilbert filed an affidavit stating:
- Cummins was not an employee of GFL
- GFL “does control operations or personnel of Waste Industries”
- GFL “has never operated, conducted, engaged in or carried on business in Tennessee“
- GFL “does not maintain a place of business or have any employees in Tennessee”
In response to the filings, Cummins says, “Nothing makes me feel more worthless than GFL’s denial of my very existence and my contributions to the company that once recognized me as #1 for sales in my region.”
Cummins alleges she believed she was a GFL employee for multiple reasons, including but not limited to:
- GFL CEO Patrick Dovigi offered Cummins an opportunity to purchase IPO shares “for our employees on a priority basis”
- Dovigi told Cummins “I believe in GFL and the value that all of you as our employees bring to work every day”
- Waste Industries CEO Ven Poole joined GFL’s board of directors
- In SEC filings, GFL included Tennessee on its map of “strategically-located facilities”
- Cummins was instructed to wear a GFL name tag & her email was changed to @gflenv.com
- GFL instructed Cummins to sell its services to Tennessee customers
- Waste trucks in Tennessee were repainted the GFL logo
- GFL posts jobs in Tennessee on its website
- GFL posts former Waste Industries’ Tennessee locations on its website
Cummins filed suit against Waste Industries and GFL, in the United States District Court, Middle District of Tennessee, alleging she was told she had to resign, agree never to work for the company again, abide by a non-compete, and sign a confidentiality agreement if she wanted to be compensated for sexual harassment she endured by her supervisor, Chad Keelean.
Cummins is represented by Chicago-based attorney Tamara Holder who focuses her practice on institutional abuse and multi-plaintiff litigation. She is a nationally recognized voice on workplace equality and worked as progressive legal analyst and host on Fox News Channel for nearly a decade.