Lorain County, J.R. White reach agreement after human resources director alleges harassment, bullying

Lorain County Human Resources Director J.R. White recently entered into an employment separation agreement with Lorain County officials after he accused several of them of a campaign of bullying and harassment over several medical conditions. White alleged in documents obtained and reviewed by The Chronicle-Telegram through public records requests that several of his conditions are protected disabilities under federal law. He wrote a six-page letter to county officials earlier this year detailing allegations of illegal harassment, abuse and bullying by County Administrator Jeff Armbruster and Commissioner Jeff Riddell, a Republican. An eventual separation agreement, under which White will be paid his regular monthly salary through October — a total of approximately $87,000 over eight months between February and October — and continue to receive health care coverage and benefits while working from home, was signed in March by White and Armbruster. Armbruster and Riddell allegedly made insensitive and possibly illegal remarks, detailed by White in a letter in which he originally demanded $600,000 in compensation — including his salary, back pay, compensatory damages, unused vacation time and money for continuing legal education — and letters of apology from both men. White instead settled for eight months worth of his $130,000 salary, continued health benefits, compensation for unused vacation, the ability to work from home until Oct. 8 when the agreement ends, as well as a confidentiality and non-disparagement agreement, according to a copy of the final settlement agreement obtained by The Chronicle through a public records request. "Everything I said in that letter, I stand behind it," White said in a phone interview. "It's what happened. But I made the choice to settle the claim for the benefit of my family and myself." "I'm satisfied with my decision, and I'm just ready to move on to whatever's next, the next adventure," he said. Armbruster was hired away from the city of North Ridgeville in February 2023, where he had been safety service director. He was made county administrator, and White was made the county's Human Resources director. White wrote in his letter that he was "demoted." Separation agreement Armbruster, on behalf of the Board of Commissioners, and White signed an agreement March 29. The county agreed to pay White his regular salary for eight months, or approximately $87,000 out of his annual $130,000 salary, retroactive to Feb. 9 through Oct. 8. White also keeps his county health insurance benefits and will be paid his unused vacation time. The board and White "have mutually agreed to terminate the employment relationship and to release each other from any claims arising from, or related to the employment relationship," according to White's separation agreement. Until Oct. 8, White agreed to be available to consult the county on human resources operations and "for consultations related to the functioning and future direction of the HR department," according to the agreement. If White takes another job before then, the Board of Commissioners will pay him his remaining salary in one lump sum and his resignation will be sped up and effective that day, according to the agreement. "The parties agree the reason for the separation of employment is that the employee is recovering from a health condition that requires a flexible work schedule and the ability to periodically work from home," according to the agreement. "The board feels that the in-person attendance of its directors is necessary to the success of the county." The board "acknowledges and agrees that (White's) health condition is confidential pursuant to law and will not be disclosed to the public or to any person or entity by the board or its employees for any reason, to the extent permitted by law," according to the agreement. Both sides agreed not to disparage each other and keep the reason for the separation agreement confidential. Neither side admitted any liability, and the county agreed to give White a positive employment reference if he looks for a new job. Changes in the agreement can only be made if both sides agree. 'Campaign of harassment' In his initial proposed agreement, White wrote that he had been "the target of a campaign of harassment, intimidation and disparagement related to disabilities with which I struggle every day" that have been recognized as disabilities under the ADA, signed in 1990 by former President George H.W. Bush. White declined to comment on his health conditions. All references to them and any other medical conditions were redacted in his personnel file, a copy of which was obtained by The Chronicle through a public records request. The alleged pattern of harassment started after Riddell took office in January 2023 and after Armbruster replaced White as county administrator, White wrote. "In a meeting to discuss whether I would continue as administrator, Riddell requested an explanation of my disability-related absences and opined that they were due to 'a lack of testosterone,'" White wrote. The phrase "a lack of testosterone" was redacted from White's letter in his personnel file but The Chronicle later obtained an unredacted portion that included the statement and others made by Riddell and Armbruster. White alleged Riddell made that statement twice. Riddell "further stated the management cannot be absent for illness, as he didn't take a sick day for over 20 years," according to White's letter. White "explained that most of the absences were related to my disabilities and were needed to deal with them. Riddell was unimpressed with my explanation, or the accommodations needed for my disabilities, and I was demoted to HR director shortly thereafter due to my disability-related absences," he alleged in his original proposed separation agreement. Riddell responds Asked by a Chronicle reporter about the "testosterone" remark attributed to him by White, Riddell first didn't deny saying it, then said he didn't remember saying it. "No, but it sounds like something …" Riddell said before stopping himself. "That's part of the problem when you're unaware of, when people don't disclose their medical problems, much of his situation could be attributed to a lack of determination," Riddell said of White's situation. "I understand he's got some medical issues and that was handled between the prosecutor and we're not allowed to know everything." As for the "testosterone" comment, "I don't remember that," Riddell said. But "it sounds like me," he added. Asked if he thought the comment was an appropriate one to make to a director-level county employee, Riddell said he didn't always approve of White's performance as human resources director. "There was a period of time where I was very disappointed in the lack of commitment and performance by J.R. and again, not knowing many medical issues, it could be that I was insensitive," Riddell said. "But I come from a world where you make reveille and you make it every day," he said, referencing the morning wake-up call for U.S. military personnel. "I tried to give J.R. as much concern as I could … it's an unfortunate situation, but the door is closed." He then told a reporter that he hoped The Chronicle would treat White "with a little bit of privacy." "Don't do what I did," Riddell added. Armbruster allegations White wrote that shortly after Riddell took office in January 2023, Armbruster walked into his office and told him: "We need to get your health under control." Armbruster "then began asking a series of inappropriate, illegal and discriminatory questions, asking for my diagnosis, the identity of my physician, whether the physician was a man or a woman (a question he returned to again and again over the year), and if I was prescribed medication" for a condition, the name of which was redacted in White's file. White wrote he felt "compelled" to tell Armbruster what his conditions were but was uncomfortable with Armbruster's questions and told him so. Armbruster "proceeded to ask several more illegal and inappropriate questions related to my health," White wrote. This attitude toward his health conditions "was pervasive and informed each interaction we had related to my (redacted) disabilities." White alleged that the harassment "only worsened" after, during four or five meetings lasting 30 to 45 minutes White wrote that he took to accommodate his legally protected disabilities. Armbruster's "inappropriate, pervasive and discriminatory questions and comments" allegedly continued and the county administrator "would complain that he didn't know how to handle my disabilities" and that it was "the disability-related absences that were causing the problem," White wrote. The county administrator continued to ask White "a relentless barrage of illegal disability-related questions and threats that I would lose my job if these absences continued," White wrote. Armbruster further made "deeply offensive" remarks even after White asked and demanded that he stop. Armbruster told White "no one at the office respected me due to my absences," and acted "like a schoolyard bully," according to White's proposed settlement agreement. "I was beaten down by the references to my health and how I was going to lose my job that I was unable to challenge Armbruster besides telling him directly that he needed to stop, and that people cannot be fired over disabilities," White wrote. White claimed in his letter it was clear Armbruster was mainly concerned with him not being in the office. Armbruster's "continual attacks only cause my problems to worsen, causing me extreme physical and emotional distress," White wrote. Armbruster also allegedly launched verbal attacks at White within earshot of other county employees, and "this lack of care concerning the confidentiality of my disabilities was stunning," White wrote. According to White's letter, Armbruster further told White that "the field of psychology was junk science, that he hated psychologists and they'd make anyone feel crazy." Asked for comment by a Chronicle reporter, Armbruster said the alleged psychology comments were taken out of context. "I'm not denying saying that psychology didn't come up, but I'm denying that was absolutely said," Armbruster said. "And it wasn't in the context of J.R., I'll tell you that right now." What was said about psychology was said "in the context of my personal family," Armbruster said. It was his personal belief and not in relation to an employee or White in particular, he said. "There are some issues that we've had, in every family … which I choose not to discuss, but whether you believe it or not, my best friend is a psychologist … very successful," Armbruster said. Armbruster then asked a reporter where he got the information and said he "wasn't sure" the information that formed the basis for the questions was "even available," though it was all contained in White's original settlement proposal to the Board of Commissioners. Family Medical Leave Act incident The federal Family Medical Leave Act, or FMLA, "entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave," according to the U.S. Department of Labor. It can be used when an employee has "a serious health condition that makes the employee unable to perform the essential functions of his or her job," according to the Department of Labor, as well as when a child has been born or for other reasons. The leave is 12 work weeks of leave in a 12-month period, or more for military service members and their families. White wrote that he was approached last year to file FMLA paperwork with the county, and that his primary care doctor certified the leave and it was approved by the county in December. Two days later, Armbruster showed up "unannounced" in White's office and "Armbruster followed with one of the harshest of the 30-45 minute emotional attacks he inflicted upon me," White wrote. Armbruster was upset that White had filed for FMLA, and "did not hide the fact that he was upset about the filing of FMLA paperwork, even though the administration requested that I file it on two separate occasions," White wrote in his original settlement proposal letter. The following day, Armbruster allegedly threatened White's job and said "he was the only one holding the commissioners back from firing me," White wrote. He wrote that he told Armbruster that was inappropriate and that it is illegal to fire people for recognized disabilities. "(F)or approximately 30 minutes" after that, Armbruster allegedly berated, demeaned and threatened White. White was fired Jan. 27, a day after he said he told county officials he had been the target of illegal and discriminatory activity under ADA and FMLA. Commissioners' support Armbruster also allegedly told White that the commissioners didn't have his back. "'You have no support from the commissioners. Zero,'" Armbruster allegedly said at one point, according to the letter. Not so, said Commissioner Michelle Hung, a Republican, when asked how she felt about White's job performance. "At no point did County Administrator Armbruster ask me if I had any issues with any of these items, so for him to say (to White) 'You have no support ... Zero,' none of that was discussed with me," she said when asked for a comment on the matter by a Chronicle reporter. "This is Armbruster running roughshod and doing what the other commissioners want him to do." In fact, White "did well considering the situation he was put into," according to Hung. She recalled specifically White's handling of the county administrator job he took over from Rob Weber when the latter was fired in October 2021. Hung even wrote an employee evaluation to that effect, according to a copy in White's personnel file. White's work rated either "meets expectations" or "exceeds expectations" as county administrator, according to a two-page employee review filled out and signed by Hung on Dec. 29, 2022, and included in White's personnel file. "JR's background has proven useful for this job. It has served the board well," Hung wrote. White also "competently works at the office as well as remotely," she wrote. "JR has done a good job leading a 'steady and stable' organization (county) in 2022," Hung wrote. She recommended that he "communicate more" by taking more care to forward emails more quickly, and mentioned an incident where White neglected to share with Moore and then-Commissioner Matt Lundy in late 2021 her requested edits on a radio tower contract — though she noted White "has improved since that incident." White also helped the county negotiate 10 separate collective bargaining agreements with unions representing county employees in 2022, according to a copy of a letter in his file. A separate employee evaluation by Lundy, a Democrat, also dated Dec. 29, 2022, was even more glowing: White "exceeds expectations" in every category and "provides stability" and is "intelligent, professional," Lundy wrote. White was the third person to serve as county administrator between January 2021 and October 2021. Tom Williams held the position from January to August 2021, when he was fired by Hung and Lundy in a 2-1 vote over Moore's objection. Weber replaced Williams but lasted only two months before he, too, was fired. White left the law firm of Fauver Co. in Elyria in July 2021 to pursue other interests outside of private legal practice. While there, as an attorney specializing in employment law, he represented a number of Lorain County organizations, including The Chronicle. White applied to be director of Lorain County Job & Family Services when the county was looking to replace Tim Carrion, whom commissioners fired in August 2021. Instead, he was hired to replace Weber as county administrator. Recently White said he was "very proud" of the work he did in the role. "I went into a situation, an organization that was in turmoil. I was asked to steady the ship and I did that. That year and some months that I was administrator things calmed down a lot," he said. "And so that's a credit to the people that work there, and I think that there are very good people that work there and I hope they're treated well." Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com.