Citation:
Gerald K. Adams v Uno Restaurants, Inc
Rhode Island State Court, 2002
794 A. 2nd District 489
Appeal:
Gerald K. Adams v Uno Restaurants, Inc
Rhode Island Supreme Court
No. 2000-266 (KC 97 -1005)
Facts: On May 20, 1996, the plaintiff, who had been employed by the defendant for several years, arrived for his nighttime line cooking shift at the defendant’s Warwick restaurant. Shortly, after his shift began, the plaintiff noticed that the kitchen floor was saturated with a foul-smelling liquid coming from drains and backing up water onto the floor. He complained of illness and went home, at which time he contacted the Department of Health about the drainage problem in the restaurant’s kitchen. A Department of Health representative visited the restaurant that evening and noticed that the floor drains were backed up and that the floor was wet and slippery. She ordered the kitchen staff to dispose of all the food they had touched with their bare hands and closed the restaurant for the night, leaving instructions to sanitize the kitchen area and clear all the drains. She also inquired about which employee went home sick. The restaurant reopened the next day after sanitizing the kitchen.
On May 22, 1996, two days after the incident, the plaintiff, who was not scheduled to work that day, returned to the restaurant curious to determine whether there was any hostility toward him resulting from his having called the Department of Health. The plaintiff testified that he was summarily ordered by David Badot, the restaurant’s manager, to come into his office and that Badot proceeded to shout at him while inquiring whether he had contacted the Department of Health. The plaintiff testified that he shouted back at Badot and acknowledged that he had indeed called Department of Health. Badot then accused the plaintiff of stealing one of the defendant’s softball team shirts and of taking a work schedule home.