A man who has been in state prison twice for at least three counts of robbery really wants to work at Red Lobster. So much so that he's suing the seafood chain to hire him, alleging that the manager at the Times Square branch rejected his application because of his criminal history which is discrimination. And the Post's experts "say he has a case."
Robert Smith applied for a "kitchen help" position in February by completing an application online and "honestly answered the form's question about prior convictions." He never heard from them, so when he called (and got through on his fifth try), manager Nicole McVaughn allegedly told him, "I'm sorry to have to give you this info, but in my position as manager I don't hire convicted felons." At which point, the Post explains, "The robster saw red."
Smith, who worked at an Applebee's for six years after leaving prison in 2000, is seeking "unspecified damages retroactive to the time Red Lobster gave him the bum's rush" and his lawyer says, "If former convicts are prevented from getting jobs and integrating productively into society, then what choices are we leaving them?" Apparently NY State law says that employers need to prove that hiring an ex-con poses "an unreasonable risk to property or to public or to individiual safety" (PDF). Employers are also liable if the ex-con hire breaks the law.
Red Lobster told the Post, "First, our hiring standards will always follow the law. Second, we have no record of ever receiving this gentleman's application. We've invited this gentleman to interview and submit an application and that offer is still available."
