Manager failed to show he was treated differently by restaurant

March 2009Articles Hospitality Law

The decision in Fluckes v. The Johnny Rockets Group, Inc., reaffirmed the need for standard, in-depth human resources policies and procedures, in addition to effective investigations. Fluckes brought a discrimination claim against Johnny Rockets' as well as a retaliation claim. Fluckes was accused of violating numerous policies at Johnny Rockets. The court granted Johnny Rockets' summary judgment dismissing the suit, finding Johnny Rockets' handbook made it undeniably clear that Fluckes violated its policies and that disciplinary action was warranted.

This case demonstrates how a comprehensive, and up-to-date human resources policy book is essential to avoiding litigation. The importance of auditing human resources practices and prior disciplines is a practice all employers should engage in.