Letter to laid-off miners sparks controversy

Published 12:36 pm Tuesday, July 30, 2019

Scott Parsons, an owner of Don’s Super Saver, found himself in a social media firestorm last week after letters were sent to miners impacted by the Blackjewel bankruptcy seeking payment for bad checks cashed at the store.

According to the letter, miners are to pay Don’s Super Saver for the payroll check dated for June 28 that was returned and charged back to the store due to Blackjewel’s bank accounts being blocked/frozen.

“Since our bank account was charged back for this amount, within 10 days of receipt of this letter, you will need to make arrangements with Don’s Super Saver to either pay this amount in full or agree to regular payments until the amount is paid in full,” the letter read.

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“Also, if Blackjewel issues you a replacement check that is valid, you will need to pay this check to Don’s Super Saver and pick up the returned check we have. If you have made payments to us prior to receiving the replacement check, then you will be given credit for these payments toward the amount you owe. We regret having to take this action, and we hope you understand why this is necessary.”

Miners were then told to contact Teresa Haynes in the Don’s Business Office to make arrangements for payment.

According to cases.primeclerk.com/blackjewel, Don’s Super Saver filed a claim against Blackjewel in the amount of $91,026.26 on July 15. This value comes from the amount Don’s had paid to miners as a result of the bad checks.

Some laid-off miners questioned on Facebook why they would have to pay back the money since the company has already filed a lawsuit against Blackjewel for the checks.

“There are rumors out there that we’re going after the coal company and the miners and basically double-dipping,” said Parsons. “That’s not a true scenario. The only thing we’re wanting is what we’re out. When the court system gets involved, it’s their job to make sure everything is returned back to the penny.”

Parsons explained he’s not “after the miners” in any way, but that since the miners endorsed checks that were bad, it ultimately falls on him to try and recover the money the store lost.

“I think the tone of the letter might’ve been misunderstood,” Parsons said. “The only way we can get back whole again is through the miners. It’s not their fault. Typically, that transaction is between the person who brought that check in and us, so that’s the only way I can go after our money is through the person that endorses the check. All we want is to be whole again and to be paid back.”

Many families on Facebook are expressing concern, not knowing how the miners can be held responsible when they had “no idea the checks were bad” or even that Blackjewel would file bankruptcy July 1. Some people are saying they understand the reasons behind the letter but believe the miners are “more desperate than a big company.”

“You hear a lot of stuff on Facebook, and a lot of people just don’t understand what’s happening or the legal aspects and how everything has to be done,” Parsons said. “It’s hurtful to hear the things on Facebook. It does hurt us because none of that stuff is true.

“I think sometimes Facebook can be an evil thing because it kind of snowballs, you know. Someone makes a comment and it hurts us. I think people get on there and make comments when they don’t understand the situation.”

Some families receiving the letters said they will no longer shop at Don’s Super Saver.

“I think people are misunderstanding what we’re asking for. It’s confusing, but it all goes back to Blackjewel. I want the miners to understand, and everyone to understand, that we’re not after the coal miners,” Parsons said. “Hopefully, people will understand that I sympathize and we’re part of this community and we’re a victim just like they are. We just want them to work with us to help us get our money back.

“We’re not meaning to hurt anybody because it hurts us too where we’re out that money. You know, what could happen to us in six months? Will we have to close our doors because we don’t have the funds to operate? I’m willing to help everybody the best I can, but I’m asking them to help us as well.”

Harlan County Judge-Executive Dan Mosley weighed in on the controversy Monday, assuring miners and their families the letter was in a sense misunderstood, stating that while Don’s has filed a claim against Blackjewel, they likely won’t be reimbursed for the bad checks they have cashed. Mosley added that Parsons went on to say the store is listed as an “unsecured creditor.”

“Law requires the checks to be returned to their makers, which in this case would be who the check is written to, being the miner,” Mosley said. “If miners receive payment through the bankruptcy filing before Don’s, this would extinguish the claim Don’s or any other vendor holding bounced checks submits to the bankruptcy court. With that being said, the miner would then be responsible to pick up the bad check from Don’s.”