I’m fond of saying that business issues outweigh technical issues. Perhaps I should revise that statement to note that legal issues outweigh both.
In 2022, Eddie Merlot’s Restaurant in Bloomfield Hills, Michigan was sued by former employees, alleging discrimination on the part of General Manager Curtis Nordeen. In response to the lawsuit, the restaurant issued a simple reply:
“Eddie Merlot’s is a discrimination-free workplace. We take these allegations seriously and on advice of counsel, we have no further comment on this pending litigation.”
The restaurant wouldn’t even say whether Nordeen was still an employee.
Four years later, Nordeen is not an employee (but the circumstances of his departure are not known), and after Nordeen counter-sued, the case is tied up in appeals.
This is a clear case in which business and legal interests diverge.
The business doesn’t want to lose customers due to negatively publicity, so it would be proactive and either say (depending on the circumstances) that it kicked Nordeen’s posterior to the curb, or that Nordeen is an honorable man who was unjustly accused.
Instead, Eddie Merlot’s said nothing of substance. No mention of names or circumstances. Just “we take these allegations seriously.” No frivolity allowed!
From a legal perspective, the silence is understandable. While this is a civil case, not a criminal one, the Miranda language that “anything you say can and will be used against you in a court of law” still applies. If Eddie Merlot’s fired Nordeen, then they obviously knew he was discriminating, and the restaurant should have known earlier, and therefore it owes the victims trillions of dollars. (‘Cause Merlot ain’t cheap.)
But from a business perspective?
Your business is hurt when one of your former employees is saying this:
“Valentine’s Day a lot of people come here and eat. They make over a quarter million dollars just that weekend, and it’s 70 percent Blacks that they don’t want to see. Stop coming here, stop spending your money where they don’t want you.
“Until Eddie Merlot’s does something about Curtis Nordeen, we’re not supporting it, we’re boycotting it. Not just this location, but all locations.
“We’re asking everybody – cancel Valentine’s Day reservations. That’s white, that’s Black, that’s Hispanic, that’s Asian, that’s everyone.”
Eddie Merlot’s response?
“Eddie Merlot’s takes the allegations very seriously. We are a discrimination and harassment-free workplace…”
Yawn…
But saying nothing is better than being literally silent.
Bredemarket 