PITTSBURGH – A mutual consent order of permanent injunction has ended defamation litigation from a Pittsburgh restaurant against one of its former servers, who had accused the business of multiple forms of wrongdoing on social media and elsewhere.
Gateway Grill, Inc., Kevin E. McFadden and Michael Barrett of Monroeville first filed suit in the Allegheny County Court of Common Pleas on June 19 versus Brittney M. Davenport, of Plum Borough.
The Gateway Grill has been open since 2000 and employs about 60 people. For parts of about six years, Gateway employed Davenport as a dine-in table server, and she was paid the cash minimum wage ($2.83 per hour) plus customer tips.
On March 19, 2020, Gov. Tom Wolf issued an order requiring all non-life-sustaining businesses in the Commonwealth to cease operations and close all physical locations. Under the governor’s orders, all restaurants and bars were ordered to close their dine-in facilities and the Gateway Grill was limited to only carry-out, curbside pick-up and delivery.
“As a result of the COVID-19 orders and the loss of customers caused by the mandatory closure of the restaurant’s dine-in operations and to assist its employees, the Gateway Grill raised all the table servers’ pay (including Davenport) to the standard minimum wage of $7.25 per hour plus a share of tips for carry-out, curbside pick-up and delivery services,” the suit stated.
“On or around May 21, 2020, it was brought to the Gateway Grill’s attention that, due to a clerical error through its payroll predecessor, Automatic Data Processing, Inc., paychecks issued to certain servers reflected the pre-COVID-19 $2.83 per hour cash minimum wage as opposed to the newly-implemented $7.25 standard minimum wage. The Gateway Grill and ADP immediately corrected the error and issued new paychecks to the affected employees.”
The suit said Davenport then embarked upon a weeks-long social media campaign of defamation against the plaintiffs, making a series of posts on different Facebook pages charging them with engaging in corrupt business practices, committing tax fraud, committing tip misappropriation, were underpaying employees, refused to issue corrected paychecks to employees and engaging in unsafe procedures during the COVID-19 pandemic. The suit said the defendant also painted these false statements on the windows of her vehicle.
Upon learning of this, the Gateway Grill terminated Davenport’s employment on May 22. Four days later, Davenport, her husband and a male acquaintance named “Jason” appeared at the restaurant to confront and threaten plaintiffs McFadden and Barrett, which resulted in a Gateway Grill employee calling the Monroeville Police Department, the suit said.
Representation for Davenport filed preliminary objections in the matter on July 19, 2020, counter-claiming that the plaintiffs have violated Pennsylvania Rules of Civil Procedure with respect to pleading and basis for some of its counts.
This led to the plaintiffs filing an amended complaint on Aug. 7, 2020, but this new iteration of the suit also met with objections from counsel for Davenport filed two weeks later, once again due to claims allegedly being improperly joined and not supported to the correct extent. Counsel for the defendant requested the complaint be dismissed as filed.
UPDATE
A consent order of permanent injunction, mutually reached among the parties, appeared to end the litigation on July 27.
“Davenport and plaintiffs hereby irrevocably waive any rights to a hearing and/or trial on the merits of the issues covered in this Consent Order and any and all claims that have been or could have been raised in this action, and any right to appeal therefrom,” the order read, in part.
“Davenport, her agents, servants, and all other persons who are in active concert or participating with her, are hereby permanently restrained, enjoined and prohibited from, directly or indirectly, urging, inducing, soliciting, or in any way encouraging or assisting any of the Gateway Grill’s employees to end their association with the Gateway Grill, or to leave their employment with the Gateway Grill.”
Davenport and those aligned with her were also ordered to not “defame, disparage, and/or make derogatory statements concerning the Gateway Grill, McFadden, Barrett, and/or their family members, businesses employees, agents, and/or representatives.”
“Gateway Grill, McFadden, Barrett, the plaintiffs, and their agents, servants, and all other parsons who are in active concert or participation with them, agree that they will not defame, disparage, and/or make derogatory statements concerning Davenport and/or her family members, businesses, employees, agents, and/or representatives,” the order continued.
“Davenport, her agents, servants, and all other persons who are in active concert or participating with her, are hereby permanently restrained, enjoined and prohibited from accessing the properties and premises located at 4251 Northern Pike, Monroeville, Pennsylvania 15146 (Gateway Grill) and 5060 William Penn Highway, Monroeville, Pennsylvania 15146 (Bella Luna Trattoria).”
Furthermore, the restaurant agreed not to object to Davenport’s claims and rights to receive unemployment compensation or other benefits under the Pennsylvania Unemployment Compensation laws.
The plaintiffs were represented by Ryan James of Tucker Arensberg, in Pittsburgh.
The defendant was represented by Gary Kalmeyer of Kalmeyer & Kalmeyer, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-006981
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com