P.C. woman claims "Merry Christmas" got her fired

PANAMA CITY — A Panama City woman says she was fired from her job because she greeted callers with "Merry Christmas" instead of "Happy Holidays."

But the home rental company where she worked as a rental assistant says the woman is just a disgruntled employee.

Tonia Thomas, 35, said she refused to say "Happy Holidays" and was fired, even after offering to use the company's non-holiday greeting. Thomas filed a federal complaint that accuses the company of religious discrimination. She is seeking compensation for lost wages.

"I hold my core Christian values to a high standard and I absolutely refuse to give in on the basis of values. All I wanted was to be able to say ‘Merry Christmas' or to acknowledge no holidays," Thomas said Tuesday. "As a Christian, I don't recognize any other holidays."

Thomas, who was fired Dec. 10 from the Counts-Oakes Resorts Properties office in Lynn Haven, said she is Baptist.

Andy Phillips, president of Counts-Oakes Resorts Properties Inc., told The News Herald Thomas wasn't fired for saying "Merry Christmas," but for several episodes of insubordination and "gross misconduct." He declined to provide examples, other than to acknowledge that failing to adhere to the company's greeting directive, which began the day after Thanksgiving, was one of the problems.

"I'm a Christian and most of us in the company are Christian. We are closed on Christmas," Phillips said.

Saying "Happy Holidays," was deemed the best greeting to recognize the Jewish holiday, Hanukkah, as well, Phillips said.

Thomas, he added, is "a disgruntled employee," and both she and the legal group representing her are presenting a one-sided version of what happened when she was fired.

But Thomas says she never was reprimanded during her employment there, stretching back to April.

The Orlando-based Liberty Counsel is representing Thomas before the federal Equal Opportunity Employment Commission. Liberty Counsel describes itself on its web site as a "non-profit litigation, education and policy organization dedicated to advancing religious freedom, the sanctity of human life and the traditional family." Founded in 1989, it is affiliated with the Liberty University School of Law, founded by Jerry Falwell.

Liberty Counsel's complaint on behalf of Thomas also accuses the company of harassing and taunting Thomas after she was fired by calling the police to watch her pack her belongings and leave.

Thomas said that as she was gathering her things to leave the office the day she was fired, her boss teased her about having a "Merry Christmas."

"Andy Phillips said to me, ‘Tonia, we're going to have a very Merry Christmas here at Counts-Oakes.  Are you going to have a Merry Christmas with no job?'" Thomas wrote in an e-mail to The News Herald.

 Phillips said there are "numerous inaccuracies" in a press release that Liberty Counsel posted on its Web site Monday.

He said Liberty Counsel posted the press release without contacting his company for input on the situation and that the legal group has offered to "make the complaint go away" for $25,000.

Thomas could have a hard time winning the case, said G. Thomas Harper, a Jacksonville-based labor attorney who writes a newsletter on Florida employment law.

"I wouldn't think an employee has the right to insist (on saying Merry Christmas) unless that really is a tenet of their faith. She would have to make a strong case that was part of her beliefs. If not, it becomes insubordination," he said.

Thomas has found another job, but she makes less than the $10.50 an hour she earned with the rental company. She said the trauma of being fired and the pay cut has made for a tough holiday season for herself, her husband and their 6-year-old son.

Harper said when it comes to holiday greetings, the smartest choice might be ignoring the season.

"The best option is just not to say anything," he said.

The Associated Press contributed to this report.