Muffin thief or target of retaliation because of her disability? MGM cocktail server sues after firing
The MS diagnosis meant Jean Braga, now of Wethersfield, Connecticut, could only work four days out of a seven-day week and had to cut shifts short, leaving by 7 p.m., according to a suit filed last week in Hampden Superior Court in Springfield. MS breaks down the protective covering of nerves, often causing numbness, weakness, problems with walking and vision, and other symptoms, according to the Mayo Clinic.
In the suit, Braga names Blue Tarp Redevelopment Corp., doing business as MGM Springfield, and Braga's supervisor, Allison Brown, as defendants.
Braga started with MGM in 2018 and was terminated Feb. 8, 2024.
MGM will not comment on pending litigation, spokesperson Beth Ward said Tuesday.
Braga asks the court for triple past and future lost pay, in accordance with state employment law, with damages for past and future emotional distress, as well as punitive damages.
She also asks for her employment back.
Braga's lawyer, Justin M. Murphy of Boston, didn't return calls for comment.
Muffins, fruit and other food were set out in a break room for employees to enjoy, and the lawsuit relates anecdotes of workers filling bags and backpacks.
The suit says no one was terminated or even corrected for taking the free food, except for Braga and others who also had work accommodations under the Massachusetts Paid Family and Medical Leave Act.
An unnamed MGM co-worker is quoted in the suit as saying: 'During pre-shift, our managers would say to other servers, 'We have to see what Jeanie (Braga) is going to do before we send servers home.' They would be upset that Jeanie would leave at 7 p.m. most days using PFML as she has a medical condition. Putting Jeanie's medical condition out there and her use of benefits was inappropriate to say the least.'
A bar manager is quoted in the suit as saying: 'Brown would constantly complain about Braga using her PFML, stating how it would 'ruin the night' or 'mess up the floor.' There were times before the team update (Brown) would want to make bets on if Braga was going to use her PFML or not on that shift.'
PFML, passed in 2021, provides flexibility in how employees schedule their leave to deal with their medical condition or issues faced by family members.
Workers can take the leave all at once or a few days at a time per week, according to the state.
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