Age Discrimination Lawsuit filed against Rosebud Restaurants
Plaintiff worked for Chicago restaurant chain for 25 years but was allegedly dismissed and replaced with a younger trainee
Chicago – June 15th, 2015 – A 71-year-old Chicago man alleges he was unfairly dismissed by Rosebud Restaurants because of his age, states a lawsuit filed at 8.30am on Monday June 15th) at United States District Court in Chicago.
Represented by Eugene K. Hollander of The Law Offices of Eugene K. Hollander, Daniel Miller was General Manager at Rosebud Restaurants and was allegedly fired by the Owner, Alex Dana, in October 2013 after 25 years of service, with no reason given for his dismissal. The filing states that Daniel Miller was replaced with a 25-year-old employee who he had been asked to train over the weeks leading up to his dismissal.
This isn’t the first wrongful dismissal claim against Rosebud Restaurants – The Law Offices of Eugene K. Hollander has previously represented two separate pregnancy discrimination cases against them in 2006 and 2010, both of which settled for confidential sums.
The U.S. Equal Employment Opportunity Commission (EEOC) also successfully brought a charge against the restaurant chain this year for racial discrimination in its hiring process.
Eugene K. Hollander of The Law Offices of Eugene K. Hollander, says: “The Age Discrimination in Employment Act prohibits employers from discriminating against an employee who is over 40 years old. Daniel Miller was a loyal employee of Rosebud Restaurants for a quarter of a century, yet management let him go without giving him a reason and replaced him with a younger employee.”
Daniel Miller, says: “When I was terminated, I was devastated. The owner of Rosebud Restaurants, Alex Dana, was my best friend – he was like family to me.”
Doe v. Archdiocese of Chicago
A man in his late 20’s, a victim of alleged childhood sexual abuse by Father Daniel McCormack, settled his claim with the Archdiocese of Chicago for $1,250,000. The settlement took place prior to the trial which was scheduled for May 26, 2015. The victim claimed that he was repeatedly sexually assaulted during the fourth and fifth grades by Father McCormack while he was a student at St. Ailbe’s Catholic Church.
The man claims to have suppressed the memories of abuse during his childhood until he heard the story break about the Jerry Sandusky scandal in 2011. At that time, the man began to remember the incidents of abuse. The victim filed a lawsuit in the Circuit Court of Cook County in 2012. The man claims that the abuse completely affected his life. The victim has been facing daily challenges according to his attorney, Eugene K. Hollander. Hollander said that “every aspect of my client’s life has been affected. My client’s childhood was taken away.” The victim is still in therapy to cope with the issues regarding the abuse, and constantly relives what happens to him. Hollander said that “while it has been a difficult journey, my client refused to suffer in silence.” Hollander said that his client is hopeful that with the proceeds of the settlement he can begin to put his life back together.
Unlike most of the sexual abuse claims involving McCormack, this man’s claim was unique, said Hollander, because it occurred at McCormack’s first pastoral assignment. McCormack was assigned to St. Ailbe’s from 1994-1997. He subsequently pled guilty to five charges of criminal sexual abuse, but not involving his client. McCormack remains at a mental health facility downstate where the state has begun involuntary commitment proceedings against him.
The settlement occurred the day before the hearing at which Hollander was seeking to bring McCormack in live for trial as well as an evidentiary hearing to pursue a punitive damage claim.
Johnson v. John Barleycorn
Jacquelyn Johnson loved her job as a bartender at John Barleycorn in Schaumburg, Illinois. Things were going great until she announced to her manager that she was pregnant. Immediately thereafter, she was taken off of the schedule to work parties, which were very lucrative. Then her boss sent her a text message, stating, “…I can’t have you work while you are pregnant. It’s too much of a liability for the bar…It’s from upper mgmt.” Johnson was fired, and filed suit in federal court alleging pregnancy discrimination. See the story here.
Madonia v. S37
Elisa Madonia worked at property management company, S 37, for four years. Her unemployment was uneventful until last fall when she was diagnosed with Stage III esophageal cancer. Days later, the company gave her a severance agreement and said it was in her best interest to sign it. They also told her that if the health insurance company found out that she could not work full time, that she would ultimately be responsible for her medical bills. Then they fired her. The Law Offices of Eugene K. Hollander filed a lawsuit in federal court and the story was covered worldwide, on websites in Italy, Australia, the U.K., and even Zimbabwe. See the story here.
Fuesting, et. al. v. Uline, Inc.
The Hollander Law Offices recently filed a federal civil rights lawsuit on behalf of four individuals, Allen Fuesting, Jon Savage, Josh Gehrig, and Laurie Garza, against their former employer, Uline, Inc. for maintaining a sexually hostile work environment. The male Plaintiffs were employed as warehousemen and Garza was employed as a Freight Clerk. The company is based in Waukegan, Illinois. The Plaintiffs alleged that their supervisors made comments of a sexual nature and repeatedly touched them in an inappropriate way. At the time that the lawsuit was filed, Fuesting and Savage claimed that they were retaliated against and terminated once they complained of the sexual harassment. Gehrig claims that he could not tolerate the toxic work environment and had to quit. Garza was terminated shortly after the lawsuit was filed. The Hollander Law Offices plans to amend the lawsuit to include the new retaliation claims. See the new stories here.
Thomas v. Rogers Auto Group
On August 9, 2012, The Hollander Law Offices filed a federal civil rights lawsuit on behalf of five African American individuals, Jermaine Thomas, Darius Fox, Charles Barnett, Fred Redeaux, and Dion Turner, and one Muslim, Abdulaziz Tayeh, against the Rogers Auto Group, for maintaining a racially hostile work environment. The individuals, who were all employed as Sales Representatives, claimed that managers used racial slurs in the workplace. After the law firm requested personnel files, Mr. Thomas was fired. After suit was filed, Fox and Tayeh were fired. Redeaux and Turner quit because they claimed that the dealership made it impossible for them to work there. See the new story here.
Phifer v. Al Piemonte Suzuki
On August 2, 2012, The Hollander Law Offices filed a federal civil rights lawsuit on behalf of Laurence “Lonnie” Phifer in Chicago against his former employer, Al Piemonte Suzuki, for maintaining a racially hostile work environment. Mr. Phifer, who had spent two decades working as a car salesman, was employed as a sales representative at the car dealership for about 8 months. According to the lawsuit, Mr. Phifer, was subjected to numerous racial insults by his white managers, including the ‘N’ word. Oftentimes, management used the intercom system at the dealership to broadcast these racial epithets. One of his managers text messaged racially offensive photos to him. The suit further claims that on April 25, 2012, Al Piemonte Suzuki unlawfully retaliated against Mr. Phifer by terminating his employment for the purported reason of “low production.” Mr. Phifer denies that his sales were low; rather, he was the top salesman at the dealership at the time. See the new story here.
Castillo vs. Northside Café news story
Marzena Castillo had a great job as a manager and server at the Northside Café in Chicago. When she got pregnant, everything changed. Castillo claims that after she announced her pregnancy, one of her bosses said that, “The only one who should be feeling guilty is your boyfriend.” After she delivered her son, she returned to work. The workplace, however, was markedly different. The owners avoided talking to her, and they would no longer permit her to work as a manager. The restaurant had her train three new waitresses. Then they fired her. See the story here.
Murray v Dr Pepper Snapple press conference
Nine African American warehouse employees filed suit alleging that they were subjected to a racially hostile work environment. The Plaintiffs claim that their Hispanic supervisors called them monkey and donkey and used the “n” word frequently. The Plaintiffs also testified in the litigation that they observed racially offensive graffiti on their lockers. Most of the Plaintiffs are still employed by the company, and their lawsuit remains pending. See the press conference here.
McDonnell v Rosebud news story
Jill McDonnell was only a few years out of college when she went to work for Rosebud Restaurants, Inc. initially as a server for Carmine’s on Rush Street. Later, Ms. McDonnell became an Assistant Manager at the company’s Ballo location, later known as Rosebud Trattoria. During the course of her employment, the Chief Executive Officer of Rosebud told her “don’t go getting pregnant because that’s the fastest way to lose your job.” On August 28, 2009, Ms. McDonnell advised her supervisor that she was pregnant. The next business day she lost her job. Ms. McDonnell sued the company for pregnancy discrimination – she later settled for a confidential sum. See the CBS-2 story here.
Irish v Jewel news story
Two African American employees currently employed by Jewel Food Stores, Inc. contend that they were subjected to years of racial insults by their Hispanic co-workers. They claim that on several occasions, they found racially offensive graffiti on their lockers. They complained to their supervisors, but management failed to take any prompt conduct to remedy the problem. They are still currently employed by the company, and their lawsuit remains pending. See the CBS-2 story here.
Carroll v APS news story
Three African American asbestos workers, Andre Carroll, Marvin Carroll, Eric Byrd and one mechanic, Michael Templeton, all worked for Atlantic Plant Services, Inc. and heard an earful – an earful of racial slurs. The workers claimed that their supervisor, Wayne Staack, routinely used the “n” word in the workplace, called them “undercover brothers,” and posted offensive cartoons on a company bulletin board. The workers alleged that they complained, but that APS took no remedial measures. They filed a lawsuit in federal court alleging that they were subjected to a racially hostile work environment. They later settled for a confidential sum. See the CBS-2 story here.
Hall v. Nalco Co.
Cheryl Hall was a sales secretary employed by Nalco. In 2003, she requested a leave of absence to undergo in vitro fertilization, (“IVF”). The first treatment was unsuccessful, and Hall tried again. In July, 2003, Nalco terminated her employment. Hall filed suit alleging that she was illegally fired in violation of the Pregnancy Discrimination Act. A federal judge in Chicago dismissed her claim, but on appeal, the Seventh Circuit Court of Appeals, reversed, holding that infertility treatments are covered under federal law.
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Luis Ibarra, Sr. was an ironworker employed by Midwest Fence Corporation. When he attempted to position a gate that the company was installing at a jobsite, it came in contact with an overhead powerline. Mr. Ibarra suffered electrical burns over 60% of his body. He settled his personal injury case for $3.5 million.
Holomshek v. Father Joseph Fitzharris and The Archdiocese of Chicago
Robert Holomshek was an altar boy at St. Francis Xavier school in Chicago. He claimed that Father Joseph Fitzharris repeatedly sexually molested him when he was a child. The case settled for $875,000.
Bondie v. Woodlawn Development Co.
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Buffone v. Rosebud Restaurants, Inc.
Kristine Buffone was a hostess employed by Rosebud Restaurants, Inc. She was discharged after she announced that she was pregnant and went out on Family and Medical Leave. The jury returned a verdict of $380,000 in damages:
Stamm v. Prochnow
David Stamm went snowmobiling with three of his friends in Troy, Wisconsin. When Stamm, the leader, could not find the rest of his group, he went to a designated meeting spot to find his friends. One of his friends left the marked trail and jumped a hill, colliding into Stamm. Stamm suffered multiple fractures and other injuries. Stamm went to trial and obtained a net jury verdict of $570,000, a Wisconsin state record.
Pietrusynski v. McClier Corporation
Tim and Alan Pietruszynski claimed that they were fired after they testified in their brother’s worker’s compensation case. A trial judge dismissed their retaliatory discharge case and they appealed. The Illinois Appellate Court reversed, and held that their testimony in the worker’s compensation case was protected activity and was actionable.
Swiech v. Gottlieb Memorial Hospital
Shirley Swiech was a 20 year employee of Gottlieb Memorial Hospital. She suffered from lupus and depression, and claimed that she was subjected to a hostile work environment because of her disability and was unlawfully constructively discharged from her job. A jury agreed and awarded her $1.45 million.
Beckway v. Lieb
Peter Beckway was a Ph.D. candidate in English literature until his hand picked doctoral committee refused to allow him to complete his examinations for his degree. He sued for intentional infliction of emotional distress.