SAN ANTONIO – Two former employees of The Lion & Rose British Restaurant and Pub at The Rim have filed federal lawsuits alleging that they were fired over COVID-19 concerns.
According to the lawsuits filed in San Antonio, Gary Bruce and Michael Summers are taking legal action against the business and owner Allen Tharp.
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Bruce, who was a former general manager, claims after some co-workers got the virus in early July, he experienced symptoms and got tested. He quarantined himself for 10 days while he got results.
According to the lawsuit, Bruce claims he got a medical excuse and gave it to Tharp via text and told him how he was feeling.
Bruce said he was concerned about telling Tharp about his situation because “Tharp had previously reacted with great animosity that two bartenders had tested positive” and claims that Tharp “had accused the two workers of lying about their diagnoses to get the 4th of July weekend off.”
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Bruce tested negative for COVID-19 and when he returned to work, he found out he wasn’t going to get paid. He complained to Tharp who got angry and told him, “I don’t have to pay you. I will pay you when you work,” according to the lawsuit. Days later, Bruce was fired.
According to a second lawsuit, Summers tested positive for the virus and wanted a leave of absence until doctors cleared him to return to work.
Tharp told him he was faking his illness so he could get the July Fourth weekend off and was fired shortly thereafter, the lawsuit said.
Summers claims when he reached out to Tharp, he told him not to come in.
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But according to the lawsuit, Tharp then “instructed his managers to advise any employees who had concerns about reporting to work that (another employee and (Summers) did not actually test positive. He also informed his managers that (the two) were to be fired for unrelated, pretextual reasons.”
Bruce and Summers want to be paid lost wages and compensatory damages for emotional distress and mental anguish and attorney fees.
The lawsuits were filed under the Emergency Paid Sick Leave Act, the Families First Response Act and the Fair Labors Standards Act.