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September 3, 2008

Ruling could impact larger Mohawk lawsuit

Jamie Jones

A Mohawk Industries employee’s claim that the company fired him for reporting illegal aliens working at a Calhoun plant could affect a larger pending lawsuit.

Last week, a panel of judges with the U.S. Court of Appeals for the 11th Circuit upheld a ruling by U.S. District Judge Harold L. Murphy of Rome ordering Mohawk to release the details of conversations between former employee Norman Carpenter and company counsel Juan Morillo.

The case is tied to a lawsuit filed in January 2004 by four plaintiffs — former and current Mohawk employees Bonnie Jones, Gale Pelfrey, Lora Sisson and Shirley Williams — who allege Mohawk depressed the wages of legal workers by hiring illegal aliens, which they contend is in violation of state and federal racketeering laws. That case has made its way through several courts, including the U.S. Supreme Court. The plaintiffs tried to bring class action status to the case, but Murphy denied the request. That ruling is being appealed in the 11th Circuit.

Carpenter, a former shift supervisor at the Union Grove Road plant in Calhoun, said he reported to Mohawk’s human resources department that several temporary employees hired by Mohawk through a temporary employment agency were in the country illegally. After making his report, Carpenter said he was required to meet with Morillo, who represents Mohawk in the lawsuit filed in 2004. A day after the meeting, Mohawk fired Carpenter, he said.

Carpenter alleges the meeting between he and Morillo “was designed to coerce him into recanting his report,” which company officials knew would be damaging to their defense in the 2004 lawsuit. Carpenter said he would not withdraw his report and was fired the day after the meeting.

In a court filing, Mohawk attorneys claim Carpenter was fired for attempting “to have Mohawk send a worker that Mr. Carpenter believed to be unauthorized to a temporary agency.” They contend it was a “clear violation of Mohawk’s Code of Ethics and an attempt to circumvent federal immigration law.”

“As his own statements demonstrate, Mr. Carpenter’s wild allegations that he was fired because of some conspiracy to influence his testimony are pure fantasy,” according to the court filing.

Calls on Wednesday to several of the attorneys involved were not immediately returned. Attorneys for Mohawk have repeatedly denied any wrongdoing by the company.

Mohawk, based in Calhoun, is the world’s largest floorcovering manufacturer and employs more than 34,000.

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