Employment Termination

Dream Job or Toxic Work Environment?

June 10, 2021 | Peter S. Lubin and Patrick Austermuehle

The restaurant industry has long been famous for chefs who yell, insult, and throw things at their staff. Various reality TV shows, such as Hell’s Kitchen, have even glorified celebrity chefs throwing temper tantrums when something comes out of the kitchen with minor imperfections, and even targets of such abuse often say it’s just part of the job: you put up with the abuse, you get better, and you move up the ladder until you’re head chef at your own restaurant … if you’re a man.

Recent movements, including #MeToo and Black Lives Matter, have called for society to stop enabling the toxic behavior of white men in power, including chefs. Change doesn’t happen overnight, but the call has been heard and the tide has shown signs of turning, however slowly.

One of the most recent chefs to come under fire for creating a toxic work environment, as well as for allegedly violating various labor laws is Blaine Wetzel, head chef and co-owner of the Willows Inn. The inn is located on Lummi Island near the San Juan archipelago in Washington State and is only accessible by ferry. People come from all over the country to stay at the inn and eat at the restaurant, all while enjoying the rustic scenery of the island, but the employees allege the true story of the inn is much uglier.

Many former employees of the Willow Inn allege Wetzel used sexist, racist, and homophobic slurs with his staff. Wetzel also allegedly used a slur to suggest some of his staff members were mentally challenged when he didn’t consider their work to be up to par.

According to several employees, the abuse wasn’t always verbal, especially when it came to the girls and women who worked at the Willows Inn. Wetzel and other male employees allegedly plied them with drugs and alcohol (including underage employees), often to the point of unconsciousness. The toxic behavior started at the top with Wetzel who at one point allegedly offered a girl a ride home after work, then drove to his house and refused to take her home until after she’d taken shots with him. He then allegedly drove her home while drunk. Continue reading ›

Can Illinois Employers Fire Workers over Their Political Affiliations and Views?

March 29, 2021 | Peter S. Lubin and Patrick Austermuehle

Can Illinois employers fire employees for their political speech or affiliations? The events of the January 6, 2021 Capitol riots along with the riots and protests across the country throughout the summer of 2020 have led many employers to ask similar questions. And as protests become more commonplace and political debates run rampant on social media, employers and employees alike will be seeking answers to this question more and more frequently as time passes.

As with most questions in employment law, the answer depends on the circumstances. Generally speaking, Illinois, as an “at will” state, is more likely to permit a termination over political views than other more worker-rights-focused states such as California. Being an “at will” state means that an employer can fire its employees for any reason that is not prohibited by law or against public policy. Despite having one of the most liberal human rights acts of all the states, however, the Illinois Human Rights Act is silent when it comes to private employer discrimination based on political party affiliation and political speech. The Illinois Human Rights Act prohibits discrimination based on a specific protected trait or class including race, color, religion, sex (including sexual harassment), citizenship status, familial status, national origin, ancestry, age (40 and over), order of protection status, marital status, sexual orientation (including gender-related identity), physical or mental disability, pregnancy, military status or unfavorable discharge from military service, and, in certain circumstances, arrest record. Notably absent though is political affiliation or speech. Continue reading ›

7th Circuit Finds that Lifting Restrictions Left Employee Unable to Perform Essential Job Functions

December 14, 2020 | Peter S. Lubin and Patrick Austermuehle

The Americans with Disabilities Act requires employers to provide reasonable accommodation to qualified employees with disabilities. The key phrase in that sentence that is so often the subject of litigation is “reasonable accommodation.” In a recent decision, the Seventh Circuit considered whether a two-pound lifting limit and a restriction on repetitive grasping and lifting arms more than 5% above the shoulder were reasonable accommodations for an employee of a regional sporting goods retailer. In affirming an order of summary judgment in favor of the sporting goods store, the Seventh Circuit found that such accommodations were unreasonable and left the employee unable to perform her essential job functions.

The plaintiff in the case, Angela Tonyan, was employed as a store manager at a Dunham’s Sports store in Wisconsin. During her employment, Tonyan sustained a series of injuries to both shoulders and left arm. After multiple surgeries and various temporary restrictions failed to remedy her condition, her doctor imposed several permanent restrictions including a two-pound lifting limit and restricting her from having to raise her arms above her head.

In response to these restrictions, Dunham’s fired Tonyan. The sporting goods retailer contended that its “lean” staffing model made physical work such as unloading and shelving merchandise essential job functions of its store managers like Tonyan. Following her termination, Tonyan sued claiming that the company violated her rights to reasonable accommodation under the ADA. The District Court found that the store did not violate her rights under the ADA and granted summary judgment to her former employer. Continue reading ›

Construction Company Sued Over Mandatory Bible Study

July 24, 2019 | Peter S. Lubin and Patrick Austermuehle

The government enforces a separation of church and state, but what about a separation of church and employer?

Joel Dahl, who founded and runs Dahled Up Construction, requires all his workers to attend Christian Bible Study as a condition of continued employment.

Ryan Coleman, a convicted felon, said attending Bible study was not a condition of employment for the first month that he worked as a painter for Dahl. When it became mandatory, he attended for almost six months, afraid his felony conviction would prevent him from getting another job. When he finally said he wouldn’t attend the Bible study anymore, he was fired.

Coleman was disappointed, having just received a pay raise two weeks beforehand. He also loved his job, claiming he was excited to get up and go to work in the morning, and realizing how lucky he was to be one of the few people who could say that.

Coleman, who is half Native American, told Fox News that Christianity just wasn’t for him. Continue reading ›