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Employees Sue Mayfield Candle Factory After Deadly Tornado Kills 8 Workers
A class-action lawsuit has been filed against a Kentucky warehouse factory that was left flattened after historic tornadoes made their way through the region last week.
The lawsuit was filed against Mayfield Consumer Products, a candle production company, that accuses the company of “flagrant indifference” for not allowing employees to leave the warehouse in order to shelter at home from the deadly storm. The complaint details that “the factory had up to three and half hours before the tornado hit its place of business to allow its employees to leave its worksite as safety precautions.” Workers allege that they were threatened with job termination if they walked out during the middle of their shift hours before the storm demolished the building.
Elijah Johnson is currently the only plaintiff identified in the suit, though the complaint details that it is filed on behalf of “others similarly suited.” The complaint explains that some plaintiffs have not been identified because of “fear of reprisal.”
The storm system that ravaged parts of the south and midwest left 85 dead in its wake, with Kentucky alone reaching a death toll of 77, eight of which happened because of the destruction at the factory. When the storm crossed over the small town of Mayfield where the candle factory is located, at least 110 workers were inside working the night shift.
Kentucky's Governor Andy Beshear said it was “an absolute miracle” that more lives were not lost after the factory collapsed. “I will tell you, I was almost certain that the number would be 70,” he explained. “But thank God, others either left or escaped.”
The town’s mayor Kathy Stewart O'Nan described the factory as being a major part of the town because it employed a significant number of employees and was a driving factor of the town’s economy. "We are very proud of this candle factory because it was begun by a local family, and it has just grown to a very large part of our community," she shared with CBS News after the storm destroyed the town. While the company has been revered as a major part of the community, many criticized why employees were still at work during the brutal storm.
One employee, McKayla Emery, shared with NBC News that people began wondering whether or not they could leave or go home once weather sirens began to sound outside of the building. She had stayed to work because of the overtime opportunity, but she heard other employees sounding concerns about wanting to go home. Emery overheard four employees question managers about leaving, but they were told by higher-ups, “If you leave, you’re more than likely to be fired.”
The New York Times details that Johnson, the plaintiff named in the suit, explained that as the evening continued at the start of his 6:00 pm shift, cell phone pings about inclement weather also began to prompt employees to ask about leaving early. “I kept saying, ‘Even with the weather like this we can’t leave?’ and the supervisor kept saying, ‘No.’”
Johnson added, “When more people asked if they could leave, they were told that if they left, there would be consequences. I was told that if I left I would be terminated.”
Company officials have denied the allegations that workers were not allowed to leave. “It’s absolutely untrue,” explained Bob Ferguson, a spokesperson for the company. “We’ve had a policy in place since Covid began. Employees can leave any time they want to leave and they can come back the next day.” A factory team leader, Autumn Kirks, also denied allegations that higher-ups threatened employees with termination if they went home early.
Amos Jones is the attorney representing the case and described the lawsuit as “straightforward” adding "This is one of those speaks-for-itself cases."
The company’s CEO Troy Propes has shared that an “independent expert team” has launched an investigation into employee treatment during the storm. “We’re confident that our team leaders acted entirely appropriately and were, in fact, heroic in their efforts to shelter our employees. We are hearing accounts from a few employees that our procedures were not followed. We’re going to do a thorough review of what happened.”
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