MADISON, Wis. – The Madison Equal Opportunity Commission has ruled in favor of a former CUNA executive who claimed he had been fired without cause and has ordered the trade group to pay back pay plus interest, along with an additional $75,000 for "emotional distress." The decision follows a complaint by Mike Miller, who was fired as CUNA’s Senior Vice President of Association Services in September 2004 after CUNA made changes in its Madison, Wis. operations and Miller complained about the behavior of certain senior management at CUNA.
During a 15-day trial before the EOC CUNA had stated the termination was the result of Miller being an "immature" and "disgruntled" employee who lashed out at his new boss after being denied a promotion, or the target of retaliation for complaints against two senior employees for alleged racist, homophobic and sexist comments. CUNA further stated that Miller had refused to work for COO John Franklin. Miller countered with his own 32-page brief that stated he had been given "no substantive reason" for his abrupt termination, but had been "affirmatively assured" that it had nothing to do with job performance.
In its ruling, the EOC ordered CUNA to case and desist from any further retaliation against Miller, ordered both parties to attempt to "stipulate to the level of back pay damages necessary to place the Complainant in as good a position as he would hve been absent (CUNA’s) retaliation, excepting any amounts of actual income received by (Miller) during this period"; ordered that back pay include benefits be calculated at 21% of base salary; that once those figures are established the amounts be adjusted by 4% prejudgment interest for the period of September 9, 2004 until the date upon which back pay is actually paid; that CUNA pay Miller $75,000 for emotional distress; and that CUNA pay Miller for his costs and fees, including a reasonable actual attorney’s fee involved in bringing the complaint.
