No. 23-7434

Samuel T. Whatley, II v. Waffle House, Inc.

Lower Court: Fourth Circuit
Docketed: 2024-05-09
Status: Denied
Type: IFP
IFP
Tags: agency-oversight civil-rights constitution constitutional-rights declaration-of-independence due-process employment employment-law federal-jurisdiction wage-payment wages
Key Terms:
Arbitration ERISA DueProcess WageAndHour
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Does the Founding Father's documentation of individual rights provide protective measures against lack or delayal of employment wage payment(s)

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Does the Founding Father’s documentation of individual rights, such as the Bill of Rights, ~ Declaration of Independence, and Constitution, provide protective measures against lack or delayal of employment wage payment(s) as required by law? 2. Can the jurisdiction of the lower courts dismiss the responsibilities of the oath taken by the lower courts? Follow-Up Question: Can the lower courts, which may have conflicts of interest by the judges involved, dismiss and or deny, the right to jury trial for the individual employee? 3. Does the Constitution provide protected employment rights for an individual to be paid the wages agreed upon during the timetable of employment? 4. Does the Constitution allow other state and or federal laws to be implemented in additional protections and relief if an employer violates those additional laws beyond the Constitutional ; protections? Follow-Up Question: If federal law prohibits any employer to violate employment wage payment(s), does the Constitution promote relief to be awarded to the individual employee who had their rights violated by that organization? 5. If evidence shows that both federal and state agencies issue citation against an employer and provide documentation that additional relief be awarded to the individual employee, are the courts responsible under the oath of office to impose and enforce those federal and state laws to provide award and relief to the individual employee? 6. If an organization and or corporation accepts federal funding from a federal agency such as the Federal Emergency Management Agency (FEMA), does oversight of use of funding fall under federal jurisdiction? 7. Does preventing, and or denying, the right to jury trial violate individual rights of due Process guaranteed under the Federal Constitution, Bill of Rights, and Declaration of Independence? 2

Docket Entries

2024-10-07
Petition DENIED.
2024-06-27
DISTRIBUTED for Conference of 9/30/2024.
2024-06-10
Brief of respondent Waffle House, Inc. in opposition filed.
2024-04-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2024)

Attorneys

Samuel T. Whatley, II
Samuel T. Whatley II — Petitioner
Samuel T. Whatley II — Petitioner
Waffle House, Inc.
Andrew Frederick LindemannLindemann Law Firm, P.A., Respondent
Andrew Frederick LindemannLindemann Law Firm, P.A., Respondent