Former Pret-A-Manger Employee Files Charge of Discrimination With EEOC

NEW YORK - July 11, 2015 - PRLog -- Within his Charge of Discrimination, Alonzo contends that his former employer, Pret, discriminated against him because of his disability and he seeks redress pursuant to federal law, state law and the NYCHRL.

Alonzo began his employment with Pret in July of 2010.  He was hired to work as Kitchen Leader at the Pret store located at 41^st and Lexington in Manhattan, New York, and was eventually promoted to Assistant Kitchen Manager in Training.  At the time of his termination, he was an Assistant General Manager in Training. During his nearly five years of employment with Pret, he successfully performed the requirements of his job, receiving good performance reviews.

He suffered from Lower Back Pain/Lumbar Disc Disorder.  He went to the doctor due to pain in his lower back and was referred to Physical Medicine & Rehabilitation for physical therapy for six months. He had also began to experience chest pains Therefore he decided to inform Pret of his health issues.  He told the Operational Manager about his back and chest pain and she suggested that he should probably take Family Medical Leave Act (“FMLA”) leave.

He called the Store Manager and left her a voice message to advise her that he would not be able to work that day due to back and chest pain. He complied with Pret’s attendance policy and called in one hour before his shift time, well in advance of the 30-minute notice the policy required.  Later that day, he decided that he did not feel well enough to work the next day either, so he called and left another voice message notifying her that he was still not feeling well and would be out the next day as well. That day he received a phone call from a team member stating they did not have a key to open up the store.  He therefore contacted the store manager to inform her of the situation, but she did not answer her phone.  Even though he was not feeling well, he went to the store so his team member could get inside and prepare the store for opening.  He then received a return call from the store manager during which he advised her of the situation and informed her that he had handled it.  She responded by telling him that since he was not in the hospital, he should be at work.

Later in the day he sent the operational manager an email expressing his discontent with the store manager's comment and his frustration with her lack of concern about his health issues. He also requested a transfer.  That same day, he emailed a member of the Pret People Team, requesting urgent FMLA leave due to his back pain. Alonzo's  FMLA request was never responded to.

The operational manager replied to his complaint about the store manager, thanking him for his email and informing him that she would look into his complaint.  She also asked him to provide her with a note from his doctor explaining his medical issues.  He saw his doctor again a few days later, due to the pain in his back and was prescribed Ibuprofen, muscle relaxers, continued physical therapy and referred for an MRI of his lower spine.  That same day, he provided the operational manager with documents from his doctor regarding his back pain.

Two days later, the store manager approached Alonzo about his time-clock entries from days earlier.  She then placed two Return to Work Interview forms for the two days in question on the desk. However, before he could review the documents, she picked them back up without discussing them with him.  And so he never signed these documents.

Four days later, Alonzo provided a formal statement to Pret's operational manager detailing his concerns with the store manager, including the comment she made indicating that he should be at work since he was not in the hospital.  That same day, he also emailed an HR Business Partner, complaining about the store manager's lack of concern about his health issues and her comment about how if he wasn’t in the hospital, he should be at work.

The next day, two operational managers explained to him that he had three Return to Work Interview forms, which counted as incidents, and that having three in one year is grounds for termination. He was then presented with a Record of Dismissal.

As a result of Pret’s unlawful actions, Alonzo ia seeking any and all back wages, including all increases and benefits denied to him because of the discriminatory actions taken against him.  He is seeking compensation for future wages and benefits that have and will continue to be denied to him due to the unlawful treatment.  He is also seeking any other form of compensation and benefits to which he may be entitled because of this disparity in treatment, including but not limited to punitive and exemplary damages. He further seeks compensatory damages for the mental pain, suffering and distress that he has endured as a result of the unlawful acts committed against him, as well as reimbursement for all attorneys’ fees, costs and expenses he has and will incur as a result of having to prosecute this Charge of Discrimination, both through the administrative process and the judicial forum, if it becomes necessary.

Michael Redenburg represents former Pret-A-Manger employee, Alonzo, and has also represented Pret employees in an overtime pay lawsuit in the past. Mr. Redenburg maintains an office at 11 Park Place, Suite 817, New York, NY 10007.

www.mjrlaw-ny.com

212-240-9465

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