From Staff Reports

Biltmore Forest Country Club’s Golf Operations Manager Sheila Fender, 71, received a letter of termination on May 31 — and was escorted off the property by police.

Fender had worked for the club for almost 50 years, handling bookings and sales.

The decision caused Fender’s attorney, Kellam Warren, to add wrongful and retaliatory discharge to a six-month legal battle with claims of unpaid overtime, age discrimination, and retaliation. Fender, reportedly, had been told by a club member that the club would subject her to a long, messy court ordeal if she did not drop her charges and resign.

Representatives of the club said the termination stems from Fender demanding the termination of the club manager and expecting special privileges, like being able to park in members-only spaces.

Biltmore Forest Country Club Attorney Jonathan Yarbrough, however, said the court case is simply a question of how much overtime Fender is due. The U.S. Equal Employment Opportunity Commission, he said, had already dismissed Fender’s claims of discrimination, deciding Fender had been administered a performance improvement plan for nondiscriminatory causes.

Warren says the performance improvement plan was retaliation.

Fender is trying to claim $86,000 in overtime not paid over a period of 20 years. The club believes it fairly compensated Fender in accordance with a ruling of the Fourth Circuit Court saying salaried employees may be paid half-time instead of time-and-a-half for overtime.

 Warren, however, argues: (1) Fender was due time-and-a-half, consistent with rulings in other districts; (2) Fender was misclassified as salaried when she should have been classed as hourly; and (3) The EEOC did not reach a decision, but instead issued a right-to-sue letter.

 Other claims of retaliation include allegations the club had reduced Fender’s workload, left her off schedules, intimidated and harassed her to dismiss her suit, and threatened her with termination.