SAN ANTONIO — Two former employees of a San Antonio restaurant are now suing the businesses's owner, alleging they were fired after enduring coronavirus symptoms.
The Lion & Rose British Restaurant and Pub at the Rim is at the center of separately filed lawsuits.
Plantiff attorney Michael Galo represents former Lion & Rose employees Gary Bruce and Michael Summers.
"These two cases, I think, are the first two that we have filed under this law," Galo said.
Court documents allege restaurant Owner Allen Tharp violated the Families First Coronavirus Response Act by not paying sick leave for Bruce, a general manager who took time off from work to quarantine.
Bruce ended up not testing positive for the virus, but was diagnosed with an ear infection.
"The owner of the bar became upset with him and told him he would not pay him for it and he was terminated shortly thereafter," Galo said.
Meanwhile, documents allege Summers was ultimately terminated because he requested time off to quarantine and get tested. The filing says Summers did test positive for coronavirus. According to the lawsuit, Tharp told supervisors false reasons for Summers' firing.
"He believed the bartenders were faking their diagnoses so they could have the Fourth of July Weekend off," Galo said.
Tharp released a statement in response to the lawsuits:
"As a business, we occasionally have to terminate employees, but this is only done when we have a justifiable cause. The Lion & Rose prides itself in operating its restaurant and bar in compliance with all legal requirements, therefore we are confident we will be absolved of all accusations. We cannot comment further on the pending litigation at this time."
Galo noted the federal filing could take time to proceed with the coronavirus causing a backlog in cases.