Fired Organo Gold Distributor Fights Back

Chuck DeWayne


Editors note: In the orginial lawsuit the name of Organo Gold is all over, however Shane Morand – Organo Gold Master distributor reached out to Business For Home and according to Shane:

Our records indicate Chuck Dwayne has never been an Organo Gold Distributor.

– We reached out to Organo Gold corporate for an official response and will follow up once we have it –


Attorneys representing Poudre School District have asked a judge to dismiss claims that the district wrongfully terminated its former human resources director.

Chuck DeWayne, who believes he was fired in February without cause, claims the public school district erred in firing him without compensating him through July 31, the end of his contract.

Attorneys with Denver-based Semple, Farrington and Everall, representing PSD, argue DeWayne's claim should be dismissed because he was an at-will employee who could be fired without cause or notice, under Colorado law.

They also say DeWayne was fully compensated for the time he worked during the contract year before he was fired, according to court records filed in 8th Judicial District Court Wednesday April 30 and released to the Coloradoan Monday. Attorneys further said DeWayne received all of the procedures related to a due-process hearing to which he was entitled prior to his firing.

Kevin Ward, DeWayne's attorney, said DeWayne was surprised at the substance of the district's response and its position that he was an at-will employee. PSD and DeWayne are at odds over this point.

Following a two-part investigation into his conduct and involvement with coffee company Organo Gold, Superintendent Sandra Smyser placed DeWayne on paid administrative leave Dec. 4. School board members voted Feb. 11 to back Smyser's decision to fire DeWayne.

DeWayne requested and was given the opportunity to meet with Smyser to discuss issues she presented in his notice of possible dismissal, according to court records. They met Dec. 19.

Ultimately, Smyser said DeWayne's conduct and its resulting impacts were so egregious and detrimental to DeWayne and PSD that he couldn't continue in his position, according to a Jan. 6 dismissal letter obtained by the Coloradoan.

Among issues outlined in public documents obtained by the Coloradoan, Smyser said she couldn't employ an administrator with such a major conflict of interest that has tainted the effectiveness of not only his position, but the public school district's entire human resources department.

In one instance, PSD claims DeWayne attended an Organo Gold meeting hosted by another district employee and there asked a teacher if she was content earning a teacher's salary or whether she would aspire to higher economic success selling Organo Gold products. The teacher reported feeling uncomfortable with that statement coming from (DeWayne) due to his position in the district, according to court records.

Court records say DeWayne's wife, Stephanie, sells Organo Gold products. But DeWayne has said he has no direct contractual or business relationship with the company — a statement backed by Organo Gold. DeWayne also claimed he never individually marketed or sold its coffees and teas to school district employees.

DeWayne's annual salary was $141,820 plus benefits. While the information wasn't immediately available Monday, the Coloradoan has asked administrators how much PSD paid DeWayne during his contract year before his firing and the amount he received while on paid administrative leave.

In the original complaint filed in court March 18, DeWayne didn't specify how much he believes he's due. He said in court documents he wanted a jury to decide how much he is owed in a case his attorney has said was defined by false information.

As of mid-March, Ward didn't have an exact figure of how much DeWayne says PSD owes him but said it equals what he would have been paid between Feb. 11, the date of his firing, and the end of his employment contract on July 31 — an estimated $64,000.

DeWayne has until later this month to respond to the district's motion for dismissal of his complaints. Ward said DeWayne and his attorneys believe an 8th Judicial District Court judge will deny PSD's request.

Source: Coloradoan

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