RANDY RED,
Plaintiff, 2019 CIV 1324
v. COMPLAINT AND
DEMAND FOR JURY
BIG BOX MART, INC., TRIAL
Defendant,
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Plaintiff Randy Red, proceeding through his attorney Bedker & Associates
S.C., brings forth the following causes of action and alleges the following:
THE PARTIES
1. Plaintiff Randy Red (“Mr. Red”), born February 10, 1958, is a United
with over 2,000 stores nation wide and employs more than 100,000 people across
the U.S.;
3. This Court has original subject matter jurisdiction over this action
because the allegations brought forth are a question or issue of federal law
Madison. Wisconsin.
9. In 2018 Mr. Red was earning close to the maximum wage for his
10. In the past three employment evaluations, Mr. Red received an overall
evaluation of “Superior.”
12. Billy Barrett, the Assistant Store Manager who conducted Mr. Red’s
most recent employment evaluation noted that there is no reason to believe that Mr.
13. A Number of Mr. Red’s co-workers have signed affidavits praising Mr.
employment.
17. In BBM’s termination letter to Mr. Red, BBM stated no reason for the
termination, but indicated that Mr. Red would not be receiving a severance package
18. On February 1, 2018 the CEO of BBM sent the Madison Store Manager,
Daryl Dickinson, and email which state, “You must get rid of the old deadwood, keep
the fresh team players, and MODERNIZE, if you know what I mean ;) .”
19. In the same email, the CEO of BBM also stated that BBM needed to
surround itself with “the i-phone [sic] and SnapChat generation, not the vinyl and
20. Shortly before Mr. Red’s termination, Mr. Dickinson held a one-on-one
meeting with Mr. Red, wherein he repeatedly mocked and belittled Mr. Red for his
age.
21. Parry Kahl, an employee of BBM, signed an affidavit stating that he
heard the Mr. Dickinson, refer to Mr. Red as “that old dinosaur” and “Crypt Keeper”
22. After Mr. Red’s termination, BBM replaced Mr. Red with a 23-year-old,
under-qualified employee.
23. When terminated, Mr. Red was less than one month shy of his 20th
work anniversary, in which certain benefits would become available to Mr. Red.
years of consistent employment BBM would match Mr. Red’s pension contributions
of roughly $200,000.
25. BBM discriminated against Mr. Red by discharging Mr. Red because of
his age.
26. BBM discriminated against Mr. Red with respect to his compensation
27. Plaintiff alleges that BBM is in direct violation of federal law (29 U.S.C.
§ 623), and by virtue of the foregoing facts, should receive compensation for his lost
employment opportunities.
follows:
d. an order directing such other and further relief as the Court may deem
just and proper.
JURY DEMAND
Respectfully submitted,
BEDKER & ASSOCIATES, S.C.
By:____________________________________
Sarah L. Butcher
12 W. Legal St.
Madison, WI 53703
(608) 723-2291
Attorneys for Plaintiff