List of charges
Welcome to the list of charges page on Hershey Hurt Me. Here, you'll find the list of potential charges against Herdheys. Stay informed about the case and what it entails. This is a place for you to follow the charges and legalities of the case.
THE HERSHEY THING
The story Hershey never expected to face.
Why the Charges Are Growing
I am currently updating my case to include additional ADA-related charges that I once believed were expired because of a “300-day deadline.” For more than a year, I was convinced by people in power that I had no legal rights beyond workers’ compensation. I was led to believe the discrimination, denial of accommodations, and retaliation were simply unfortunate events that had no legal remedy. Only recently did I learn that the 300-day timeline does not begin when the abuse happens—it begins when the victim realizes the abuse was unlawful. That is when the clock legally starts. Therefore, the ADA violations are fully alive, active, and now included.
Why the ADA Claims Are Not Expired
These claims are not expired because I did not have knowledge that what was happening to me was illegal. I was told repeatedly that I “had no case,” that only my workers’ comp rating mattered, and that the retaliation, the denial of safety equipment, the reassignment, and the termination were irrelevant. When an employer, a supervisor, and even a workers’ comp attorney confidently assure you that there are no claims to file, a reasonable person believes them. Under federal law, this is exactly why equitable tolling exists. The timeline pauses when a worker is misled, discouraged, or prevented from understanding their rights. It resumes only when the truth becomes known. That moment happened recently. That is why these charges stand.
LIST OF CHARGES
1. Workplace Injury Caused by Unsafe Conditions
Tag: State / OSHA / Negligence
Explanation:
Required anti-fatigue mats were not provided despite training materials, causing physical injury while performing assigned job duties.
2. Denial of Reasonable Accommodation
Tag: Federal / ADA / Civil Rights
Explanation:
Documented disability was ignored. Reasonable accommodations that would have prevented worsening injury were refused.
3. Retaliation After Requesting Safety Equipment
Tag: Federal / ADA / Civil Rights
Explanation:
After requesting required mats, I was reassigned to physically punitive duties intended to punish me for speaking up.
4. Misclassification of Injury as “Not Work Related”
Tag: State / OSHA / Fraud
Explanation:
Management reclassified the injury to avoid liability, even when medical reports clearly connected it to workplace conditions.
5. Refusal to File Incident Report
Tag: Federal / Civil Rights / Retaliation
Explanation:
Supervisor knowingly blocked documentation of the injury, which prevented access to treatment and protected the company—not the worker.
6. Denial of Medical Treatment for 421 Days
Tag: Federal / ADA / Negligence
Explanation:
No treatment was given while the injury worsened, despite continuous complaints and visible disability.
7. Forced Reassignment to Stand-Up Forklift
Tag: Federal / ADA / Retaliation
Explanation:
Instead of accommodation, I was moved to a job that required constant standing, accelerating nerve damage and pain.
8. Termination After Injury and Requests for Accommodation
Tag: Federal / ADA / Title VII Retaliation
Explanation:
After the injury, after requesting safety equipment, and after documenting disability, my employment was terminated.
9. Hostile Work Environment
Tag: State / Federal / Civil Rights
Explanation:
Management used humiliation, pressure, and aggression to isolate and punish a disabled worker.
10. Employer Interference With OSHA Protections
Tag: Federal / OSHA
Explanation:
Safety policies were intentionally ignored or blocked to prevent documentation of hazards and injury.
THE CIVIL RIGHTS CORE
11. ADA Discrimination – Failure to Accommodate
Tag: Federal / Civil Rights / ADA Title I
Explanation:
Documented disability was dismissed despite obvious need and available solutions.
12. ADA Retaliation
Tag: Federal / Civil Rights / ADA Title V
Explanation:
Punitive assignments and discipline were imposed after asserting disability needs.
13. Intentional Worsening of Disability Through Job Placement
Tag: Federal / ADA / Retaliation
Explanation:
Management knowingly placed me in roles designed to increase physical harm.
14. Wrongful Termination Based on Disability Status
Tag: Federal / Civil Rights / ADA
Explanation:
The company terminated me specifically because I could no longer perform physically abusive duties caused by their negligence.
15. Fraudulent Concealment of Legal Rights
Tag: Federal / Civil Rights / Tolling
Explanation:
I was told “you have no case” for over a year, preventing me from seeking legal action.
16. Deceptive Practices to Prevent Claims
Tag: Federal / Civil Rights / Retaliation
Explanation:
Information and documentation were intentionally withheld to block access to justice.
17. Violation of Kansas Workers’ Compensation Statutes
Tag: State
Explanation:
Refused injury report, denied medical access, misclassified disability, and suppressed evidence.
18. Time Theft and Wage Manipulation
Tag: State Labor / Wage Violations
Explanation:
Employees were forced to clock out before moving stations or returning from breaks to reduce paid time.
19. Unsafe Work Practices in Violation of Corporate Policy
Tag: State / OSHA / Negligence
Explanation:
Company training videos required mats and workplace safety equipment that were intentionally withheld.
20. Interference With Civil Rights Remedies
Tag: Federal / Civil Rights
Explanation:
By misleading me into believing that no claims existed, Hershey effectively blocked access to federally protected rights.
CASE INFORMATION
Rakestraw v. The Hershey Company, Lee Timmons, Karen Powell, and Bill Maloy
Case No. 2:25-cv-02682-JWB-TJJ
U.S. District Court – District of Kansas
1. Failure to Provide Required Safety Mats (State/Fed)
2. Failure to Provide Reasonable Disability Accommodation (State/Fed)
3. Refusal to File an Injury Report (State/Fed)
4. Denial of Medical Treatment (State/Fed)
5. Targeted Assignment to the Only Station Without Mats (State/Fed)
6. Time-Theft Pay Scheme (Wage Violations) (State/Fed)
7. Stand-Up Forklift Assignment While Injured (State/Fed)
8. Conflicting Medical Documentation / OSHA Misclassification (Fed)
9. Witness Suppression & Pattern of Retaliatory Behavior (State/Fed)
10. Civil Rights Violations (Age 60 / Disability) (Civil Rights)
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Why Civil Rights Charges Are Included
Civil rights claims are in play because:
You are 60 years old (age-protected class).
You have a documented disability (neuropathy/foot injury).
Hershey made decisions that:
Ignored your limitations
Denied accommodation
Reclassified your injury
Denied treatment
Put you in unsafe assignments
Continued actions after being informed of your disability
Management buried the injury, hid the truth, and created a hostile environment, which qualifies as discriminatory behavior.
Understanding the charges
Get clarity on each charge listed against [[name]]. We provide an overview, potential penalties, and related legal insights. This information helps you grasp the severity and implications of each charge.
How the charges were determined
We provide insight into the process of how each charge was determined and filed. Here you'll find an explanation of the steps taken. This information ensures transparency.
Legal terms and definitions
Confused by legal jargon? We've got you covered. Explore our glossary of legal terms related to the charges. Understand the language of the courtroom and stay informed with clarity.