Later that year, Moore faced further discipline after being accused of insubordination during a preshift meeting. The union negotiated another agreement, the LCA, which discharged the company from liability related to his employment, according to the court’s decision.
In July 2018, Moore tested positive for marijuana again and was terminated. He then sued the company, alleging racial discrimination and retaliation.
Legal Dispute Over the “Last Chance” Agreement
Central to the case is whether Moore voluntarily waived his rights by signing the LCA. Moore contended that his meeting before signing was brief and that the union vice president urged him to sign, stating it was “better to fight with a job than fight without a job.”
Since 2016, Moore had been submitting complaints of discrimination to Coca-Cola’s HR department, and by 2017, he was reportedly told to stop contacting them. After signing the LCA, Moore filed a Charge of Employment Discrimination with the Ohio Civil Rights Commission, claiming racial bias in the company’s disciplinary actions.
