Brian Suslak Succeeds in Vermont Arbitration

Morrison Mahoney partner Brian Suslak of the Manchester office succeeds in Vermont arbitration. Our client, a dining contractor for a private school in Vermont, was sued by a former employee who alleged that the executive chef belittled and mistreated her in the kitchen of the school, culminating in an incident where the executive chef allegedly corned the plaintiff in a dry storage area and refused to let her leave. The executive chef adamantly denied the claim and the plaintiff failed to produce any witnesses to corroborate her version of the events. The plaintiff also alleged that our client failed to conduct a proper investigation into her claims and sided with the executive chef over the claimant. Over the course of the multi-day arbitration, we demonstrated through testimony of the client’s former district manager, as well as its HR specialist, that the company immediately conducted a thorough investigation upon receipt of the plaintiff’s complaints and properly disciplined the executive chef. The plaintiff also claimed that the client failed to keep her aware of the progress of the investigation, but we established through cross-examination of the plaintiff and direct testimony of the former district manager that the company had in fact kept the plaintiff apprised of the investigation through face-to-face meetings, text messages, e-mails, and telephone calls, and that the plaintiff quit before the company could hold a scheduled meeting with her to discuss the status of the investigation. The arbitrator found that the plaintiff failed to satisfy her burden of proof on any of her claims against the client and awarded her no damages.