A former worker for Stinker Stations has sued the Boise company, alleging it is trying to withhold retirement benefits that he and other workers earned.
Edward Brasley, 48, a former tanker truck driver who worked for the gasoline retailer for almost 19 years, alleges that the chain illegally tried to eliminate a deferred compensation retirement plan put in place by Stinker's former owners.
The lawsuit, filed Thursday in U.S. District Court in Boise, requests class-action status, saying at least 25 additional current or former employees have been affected.
Charley Jones, co-owner of the chain, which operates 25 stations in the Treasure Valley, called Brasley's lawyer, Bob Huntley of Boise, a "longtime antagonist" who has repeatedly sued the company. Past lawsuits included two cases of wrongful termination and separate lawsuits alleging sexual and age discrimination, he added.
"We've only gone to a jury trial once, and he (Huntley) lost 12-0," Jones said. "Honestly, I think Mr. Huntley is simply trying to extort money from my company."
Jones and his partner, Shawn Davis, acquired the chain, called Fearless Farris Service Stations Inc., in November 2002. Fearless Farris had implemented the retirement plan in 1995 by purchasing life insurance policies on its employees.
Jones and Davis then announced that the retirement plan was being discontinued and that only employees reaching retirement within five years would receive benefits, Brasley told the Idaho Statesman.
Huntley said the company then cashed in the insurance policies and put more than $600,000 "into its corporate coffers."
Huntley said that under the terms of the original retirement plan, Brasley was entitled to receive $1,000 a month for 15 years beginning no later than April 24, 2004.
"He alleges many, many things," Jones countered. "Just because he alleges doesn't make them true."
The lawsuit requests that the company be ordered to acquire an annuity or insurance policy to fund the retirement plan to the tune of $2.125 million, or $85,000 for each of the estimated 25 employees involved.
Huntley said he won a judge's verdict against the company in a similar case earlier this year in federal court involving Ted Roberts, another Stinker Station employee.
Jones said that decision was being appealed to the 9th U.S. Circuit Court of Appeals.
He said the original plan had several violations of the federal Employee Retirement Income Security Act (ERISA), including a provision that required that an employee remain with the company until reaching age 65.
Jones said that Brasley left the company on good terms and questioned why he waited two years to sue.
"I guess Huntley finally found him," Jones said.
Brasley, who now works for Leathers Oil Co. in Oregon, said the ruling in the Roberts case persuaded him to go after the retirement benefits he felt he was owed.
"As many years as I had in with the company, I should have been vested in the plan and been eligible for benefits," he said.
Joe Estrella: 377-6465
