Biltmore Forest Country Club fires Sheila Fender after 45 years

BILTMORE FOREST — After nearly a half-century of working at Biltmore Forest Country Club, Sheila Fender felt she deserved better.

The private golf club at the heart of the town of Biltmore Forest terminated Fender, 71, on Thursday after a months-long legal battle involving allegations of unpaid overtime, age discrimination and retaliation against Fender.

In her job as golf operations manager, Fender was an institution at the country club, booking tee times and lessons for thousands of golfers over the years. She also helped with tournament preparations and handled sales, among other duties that had her frequently interacting with club members.

Sheila Fender received a letter Thursday

Kellam Warren, Fender's attorney, said she was issued a termination letter at the end of her shift.

Warren said he would amend a previous federal legal complaint and lawsuit "to add wrongful and retaliatory discharge claims, which potentially exposes the club to much more significant damages."

Fender on Friday released a statement through her attorney that echoed allegations in her lawsuit, which said she had been threatened with public humiliation if she did not fire her attorney and agree to resign.

"I’m sorry to see a club that I’ve loved and faithfully served for 45 years under control of folks who would stoop to such levels, rather than simply correct the legal violations alleged and move forward, as I pleaded for the board to do well before I ever filed any lawsuit," Fender said.

In documents filed in U.S. District Court in Asheville and in a lawyer's statement to the Citizen Times, the country club denied any improper actions. In one document, the club maintained Fender had demanded termination of the club's manager, as well as preferential treatment, such as being allowed to park in a members-only parking lot.

The attorney for Biltmore Forest Country Club, Jonathan Yarbrough, said the dispute boils down not to discrimination but rather a calculation of what Fender is owed for unpaid overtime. He noted that the U.S. Equal Employment Opportunity Commission dismissed Fender's claim of discrimination, stating in its letter that the country club "had a legitimate nondiscriminatory reason" for placing Fender on a performance improvement plan.

Warren contends that performance improvement plan was part of the retaliation Fender endured after complaining about unpaid overtime.

Fender is seeking overtime from the past 20 years

Both sides agree the dispute now centers around the unpaid overtime issue, with Fender alleging she is owed more than $86,000 for overtime hours worked over 20 years. The club disputes that amount.

"The disagreement between the club and Ms. Fender at present is over the calculation of the amounts to be paid," Yarbrough said in a statement to the Citizen Times. "The club has already paid her what it believes she is owed under current Fourth Circuit (Court) law. She is free to disagree over the law and the amount due, but at its essence, this portion of her lawsuit is not about discrimination, it is about math."

The Fourth Circuit previously ruled that in such cases, plaintiffs are entitled to half of the typical overtime rate, which is time and a half. But Warren contends other districts have found that formula unfair, and employees are entitled to the full time and a half rate.

Warren acknowledged the legal proceedings now are about retaliation and unpaid overtime, not age discrimination. Still, he stressed that the EEOC did not issue a decision on the case but rather a "right to sue" letter that allows the case to be taken to court, a common development in such cases.

The retaliation against Fender, according to allegations in court documents, includes reducing her work responsibilities, leaving her off of work schedules, threatening to terminate her job, and an "ongoing retaliatory intimidation and harassment campaign, aimed at bullying (Fender) into dismissing" the court action, "submitting her resignation and accepting a reduced amount for the overtime compensation she is owed."

The lawsuit also alleges a club member met with Fender earlier this year and encouraged her to settle the case and retire, telling her the country club would "drag her through the mud in court."

Country Club member quits in protest

Biltmore Forest resident John McNabb, who works in the oil and gas industry and has served on boards of large corporations worldwide, said he quit the club in protest over Fender’s treatment, which he called "abominable."

“She’s basically given the club her life, her whole productive (work) life,” McNabb said. “Then to be treated like this at the end of her time working there, that is just unconscionable.”

Fender alleges she was misclassified as an exempt employee when she should have been non-exempt, or hourly. Warren said she was reclassified in the late 1990s, and the inappropriate pay rate went on for 20 years.

Warren also states in court records that Fender was an exemplary employee.

"“For about 44 years, (Fender) faithfully served as an employee of BFCC without the Country Club ever expressing any desire to terminate her.”

Warren asserts that only after Fender “engaged in protected activity, first under the Age Discrimination in Employment Act and more recently under state and Federal wage laws, did BFCC begin its campaign to end (Fender’s) employment through either coerced resignation and/or pretextual termination.”

Fender worked with more than 20 club presidents before Jim Hyler

McNabb noted that Fender had worked at the country club for more than 20 presidents of the club, as well as eight or nine golf pros.

“She’s never had a problem with anybody until this new crowd came in,” McNabb said. “I think there was some jealousy of her — she’s more close to the members than anybody else. She’s a truly lovely person.”

The club's general manager, Calvin Bolling, referred questions to club president Jim Hyler. Hyler said he had no comments to add to Yarbrough's statement.

Biltmore Forest Country Club is a private, invitation-only club founded in 1922. It has a "Donald Ross golf course maintained at the highest standard, elegant clubhouse facility and appointments, fitness center, tennis facilities, pool and offers a wide variety of member activities," according to its website.

Warren said Fender has worked under more than 10 managers and “never had issues with anybody until this current management got in place.”

The first filings in the case were in January.

Yarbrough said allegations of bullying and retaliation are incorrect.

"Part of Ms. Fender’s amended complaint is claiming that the club retaliated against her for bringing her wage and hour lawsuit," Yarbrough said. "The club takes all allegations of retaliation seriously and does not believe that its alleged actions or those of any of its members are or have been retaliatory, nor does it believe that Ms. Fender’s termination was retaliatory."