Coca-Cola bottler fires vet with cancer after his behavior at a party, NC lawsuit says
Timothy Mangum, a lieutenant colonel in the U.S. Army, worked at Coca-Cola Consolidated Inc. in Charlotte for 19 years before he was fired over complaints of his behavior at a company party.
Now he’s suing after alleging discrimination.
Mangum was senior director of equipment services for the South Region and had just been diagnosed with cancer when the beverage giant failed to follow “written disciplinary procedures” and fired him, according to a complaint removed Friday to North Carolina federal court.
“We don’t believe these claims have any merit as all applicable laws were followed,” Brian Nick, vice president of communications at Coca-Cola Consolidated, told McClatchy News in a statement. “We look forward to successfully resolving this through the legal process.”
Coca-Cola Consolidated is an independent Coca-Cola bottler headquartered in Charlotte, according to its website.
Mangum is alleging wrongful termination, violation of the Americans with Disabilities Act and violation of the Uniformed Services Employment and Reemployment Rights Act, which protects the employment of active-duty military members. His attorney did not return McClatchy’s request for comment Friday.
According to the complaint, Mangum was diagnosed with spinal cancer in August 2017.
Mangum’s supervisor told him a few months later that a coworker had filed a complaint against him earlier in the year, court documents show.
“The alleged complaint stated that Mr. Mangum had used expletives, made comments that were stereotyping of homosexual men and had ‘mocked’ the individual being honored at the party,” the lawsuit states.
Mangum then offered to meet with the person who complained to discuss his behavior, but his supervisor said he “did not need to do anything,” according to the complaint.
Multiple directors at the company subsequently spoke with Mangum about calls they received from HR over his leadership. But it wasn’t until Jan. 23, 2018, that Mangum was told he was being formally investigated, the suit states.
Mangum was fired two weeks later “because he had not shown ‘truthfulness or integrity’ during the investigation,” according to the complaint. His radiation had already begun.
The suit states he still received a February paycheck in which funds were deducted for healthcare — but his healthcare was canceled.
“(Coca-Cola Consolidated’s) cancellation of plaintiff’s health insurance coverage caused plaintiff serious financial difficulties, as the lapse in coverage resulted in his being charged for the full amount of his treatment in February 2018,” according to the complaint.
Earlier in his career with Coca-Cola Consolidated, Mangum also served a 22-month tour in Iraq.
He returned in 2010 to find one of his former colleagues had been promoted to a supervisor position for which he was “not given the opportunity to apply,” the suit states.
According to the complaint, Mangum was later also denied the opportunity to complete a 180-day tour in the United Arab Emirates for $140,000 “because it would be a voluntary tour of duty.”
The suit, originally filed Nov. 12 in Mecklenburg County Superior Court, seeks thousands of dollars in compensatory and punitive damages as well as attorney’s fees.
Correction: A previous version of this article incorrectly stated the name of the defendant company as The Coca-Cola Company. The correct name is Coca-Cola Consolidated Inc., an independent bottling company for Coca-Cola.
This story was originally published December 13, 2019 at 7:11 PM with the headline "Coca-Cola bottler fires vet with cancer after his behavior at a party, NC lawsuit says."