By: Bobby Falat
FARGO, N.D. (Valley News Live) – Lawyers for a Fargo restaurant have filed a formal response to a civil lawsuit alleging racial harassment, wage theft, and retaliation, denying all claims and demanding a jury trial.
Attorneys with the Vogel Law Firm filed an answer on May 7 in Cass County District Court on behalf of Taste of Philly Development Company, Inc., responding to a complaint brought by Korey Peterson of Moorhead, Minnesota.
The filing denies each allegation in Peterson’s complaint and raises more than a dozen affirmative defenses. Among them, attorneys argue Peterson’s claims are false and not made in good faith, pointing to a prior finding by the North Dakota Department of Labor and Human Rights that found no probable cause to support his harassment claims.
The defense also argues Peterson voluntarily resigned without giving the restaurant a reasonable opportunity to investigate or address his concerns, and that any employment actions taken against him were based on “legitimate, non-discriminatory, non-retaliatory reasons.”
On the wage claims, Taste of Philly’s attorneys acknowledge Peterson was not paid overtime but deny he was entitled to it, arguing he was properly classified as a salaried, exempt employee. The filing also raises questions about whether Title VII of the Civil Rights Act of 1964 even applies.
Taste of Philly is asking the court to dismiss Peterson’s complaint with prejudice and is seeking attorneys’ fees and costs. The defense is also independently demanding a jury trial.
Background
Peterson filed the civil complaint on April 2 in Cass County District Court, alleging he worked approximately 1,016 overtime hours without pay during his time at the restaurant. The suit also alleges a supervisor repeatedly used racial slurs, including the N-word and the word “boy” in the workplace, and that the restaurant failed to take corrective action.
Peterson’s attorney, Bruce Ringstrom, previously told Valley News Live that notarized statements from former employees substantiate the harassment claims.
Peterson is seeking unpaid wages, liquidated damages, compensatory damages for emotional distress, statutory penalties, and attorney’s fees. He has also requested a jury trial.
