MA- Convicted rapist sues after McDonald's fires him

A reader comments this case is a waste of time and money, but is it? How much do folks understand about state labor laws? Can an employer fire a at-will employee for a perceived fault the employer knew about for some time and never mentioned it, giving the employee the perceived fault as the reason for firing him six months after hiring him? Labor laws protect even sex offenders, especially in California and New Jersey where they are specifically protected by law. The key to this case is the reason the employer gave, if he gave one, which can be contestable under certain circumstances and maybe that fact is what the article fails to mention. WIth that said, I would hope the lawyer would not file a frivilous lawsuit lest he chance being sanctioned for doing so. I vote to give the man his day in court and hopefully the media will follow the case for us.

UPDATE: Other sites are saying the woman committed a crime citing the disclaimer found on the state's registry as authority for their claim. That argument fails because there are no facts in the news article to show harassment by the woman, and one cannot assume they know why a person does something. Only after a proper court hearing with evidence presented can the court decide if notifying the employer was or was not harassment. Proving intent can be difficult.

Ex: If we accept that, notifying the employer of the RSO as being a RSO is a crime, then I guess we also must accept that every news article, or blog posting, that notifys the public that a RSO is a RSO, must also be a crime. True or Not True?

When reading news articles one cannot create facts, one must analyze based on the facts presented in the news article.

4-1-2008 Massachusetts:

BOSTON—A convicted rapist fired from his job at a McDonald's after a woman told management he was a registered sex offender is suing the restaurant's owner and the woman, claiming information about him on the state's Sex Offender Registry Board was misused.

Scott Gagnon, 50, of Tewksbury, claims in his suit filed Monday in Middlesex Superior Court that Andrea Quinn of Tewksbury violated language on the board's Web site that says information on sex offenders cannot be used "to commit a crime or to engage in illegal discrimination or harassments of an offender." Doing so could result in jail time or a fine.

Gagnon was released just over a year ago after spending 27 years in prison following his guilty plea to multiple counts of rape. He is suing Quinn for alleged emotional distress and invasion of privacy, and suing McDonald's for alleged breach of contract.

He is classified as a Level 3 sex offender, considered the most likely to re-offend.

The lawsuit seeks a jury trial and unspecified damages.

"What Ms. Quinn did was completely contrary to the rules and regulations of the Sex Offender Registry Board, and in fact we assert that what she did was a crime," said Gagnon's lawyer, William Korman.

Quinn was not immediately available for comment on Tuesday, but she told the Boston Herald that she was concerned about her 13-year-old son, who visits the Tewksbury McDonald's. She said she did not mean for Gagnon to lose his job.

The company that owns the McDonald's, Napoli Group LLC of Windham, N.H., issued a statement Tuesday that said "The safety and well-being of our customers and employees is a top priority. We take these matters seriously."

Owner Peter Napoli told the Herald that company policy prohibits the hiring of sex offenders.

A spokesman for the Sex Offender Registry Board refused comment.

Gagnon received treatment for almost the entire time he was behind bars, Korman said.

He spent seven months after his release looking for a job and was hired by the Tewksbury McDonald's in September to work in the kitchen but not the counter, according to the suit.

"When he was hired he was completely up front with them," Korman said. "He told them about his history, he told them he was a sex offender and they hired him regardless."

There were never any complaints about his job performance and there were never any accusations of wrongdoing on the job, Korman said.

Gagnon was fired last week just days after Quinn brought his past to the attention of management.

"He's a shining example of someone doing everything he's supposed to do and still getting a raw deal at the end of the day," Korman said. ..more.. by Mark Pratt



McBooted perv sues
4-1-2008 Massachusetts:

A convicted serial rapist fired from his job flipping burgers at a Tewksbury McDonald’s is suing the Golden Arches and the mom who exposed him because she refused to clown around with her children’s safety.

Scott Gagnon, 50, who served 27 years behind bars after pleading guilty to picking up and raping five hitchhikers ages 15 to 25 in Essex County 30 years ago, said McDonald’s knew he was a registered Level 3 sex offender when Andrea Quinn found out where he was working from the Sex Offender Registry Board’s Web site and complained to his bosses.

“I never met her before in my life,” said Gagnon, who returned to the streets a year ago.

But Quinn told the Herald she’d do it again.

“I have a 13-year-old son who hangs around McDonald’s. That’s where my energy comes from,” Quinn said. “I’m not going to close my eyes to something so important. I’m not the bad guy here.”

In his civil action brought yesterday in Middlesex Superior Court, Gagnon accuses the family restaurant’s owners of wrongful termination and Quinn, 44, of Tewksbury of invasion of privacy and intentional infliction of emotional distress.

Specifically, the suit cites the registry board’s own online language stipulating that anyone researching Level 3 sex offenders cannot use the posted information “to commit a crime or to engage in illegal discrimination or harassments of an offender” without repercussion.

“This case is a shot across the bow to those who would utilize information from the SORB to illegally harass people like Mr. Gagnon,” said Gagnon’s attorney William Korman.

Registry board spokesman Charles MacDonald declined to comment yesterday.

Peter Napoli, whose New Hampshire-based Napoli Group owns the McDonald’s where Gagnon worked the grill on nights for just over six months and $8.50 per hour, would not respond when asked if managers knew Gagnon’s frightening past.

Napoli did say, “It’s a company policy that we do not hire anyone convicted of a sex offense. When we found out about it, we terminated him.”

Quinn said she didn’t ask that Gagnon be fired and she encourages him to seek work - just not around kids.

Said Gagnon, “I wish I could go back and change things - not just for me, but the victims. You can read people. They don’t think 27 years is enough. But if you can’t survive, what’s the point of it all?” ..more.. by Laurel J. Sweet