NYS Labor Department Says: Buffalo ReUse Created A “Hostile Work Environment”; Hayes “Forced Out Of His Job By A Hostile Board Of Directors”

On May 6, I quit working at Buffalo ReUse, the community organization I co-founded with Michael Gainer in 2006, because I could no longer tolerate the abuse and hostility from certain Board members, namely Alison Mueller and Franklin Redd, and the complete lack of a positive response when I asked the Board President, Vince Kuntz, to help me resolve the problem. I was denied unemployment benefits because of a “voluntary quit”. I appealed that determination and finally, after much drama, was granted benefits this week by an Administrative Law Judge.

The judge found, based on the facts presented to her, that my “voluntary quit” (quoting from her decision) “was an instance of an individual being forced out of his job by a hostile Board of Directors.” She also characterized the testimony “of the Board president [Kuntz] to be obtuse and evasive.” I was there and I characterize Vince's testimony as self-serving and ineffective, all wrapped up in one nice package.

I think they lost their case when they showed up for the first half of the hearing with five people, three or four of whom had nothing to do with the situation, one of whom was hired after I quit, and at least one of whom seemed to be there simply for the petty and perverse purpose of annoying me. I found out later they would have brought six people but the sixth person had to work his other job. Or perhaps they didn't have enough room in the clown car van. The judge was pissed, and specifically and at length tore Mr. Kuntz a new one before sending us all home at the end of the first session.

I expect, based on their past obsessive behavior, they'll appeal this decision. Their chances of prevailing are slim. The State of New York Department of Labor agreed with my contention that they were consistently abusive and personally demeaning, a condition found in labor case law to be unacceptable, when I was trying my best to keep things afloat in very difficult circumstances. Vince Kuntz contended the abusive behavior was standard procedure in the “high stakes” corporate world inhabited by Mueller and Redd. Obviously, the judge didn't buy it, and neither should anyone else.

Well, now they're in charge. All the founding employees are gone, seemingly the Board's desire.

Let's see what they do with it. Doesn't look too good.


Photo credit Caesandra Seawell All Rights Reserved, composite by me, clown car image Creative Commons, credit flickr user Joshua Heller.