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                                                                                                  BUSINESS Tuesday 11 augusT 2020
            McDonald's sues ousted CEO, alleging employee relationships




            By DEE-ANN DURBIN                                                                                                   in its ranks. In 2017, Easter-
            AP Business Writer                                                                                                  brook assured McDonald's
            McDonald's  says  it's  suing                                                                                       board  that  he  and  other
            Stephen  Easterbrook,  the                                                                                          executives  were  complet-
            CEO it ousted last year over                                                                                        ing  anti-harassment  train-
            an  inappropriate  relation-                                                                                        ing.  Last  October  —  a
            ship  with  an  employee,                                                                                           month  before  Easterbrook
            alleging  Monday  that  he                                                                                          was  fired  —  McDonald's
            covered  up  relationships                                                                                          introduced  a  new  harass-
            with three other employees                                                                                          ment  training  program  for
            and destroyed evidence.                                                                                             its 850,000 U.S. employees.
            The  company  now  wants                                                                                            But franchisees — who own
            to reclaim millions of dollars                                                                                      95% of McDonald's U.S. res-
            in  compensation  paid  to                                                                                          taurants — aren't required
            Easterbrook.                                                                                                        to offer it.
            "McDonald's does not toler-                                                                                         McDonald's  shares  were
            ate behavior from employ-                                                                                           flat  at  $204.23  in  midday
            ees  that  does  not  reflect                                                                                       trading.q
            our  values,"  said  McDon-
            ald's  President  and  CEO
            Chris   Kempczinski,   who
            was  promoted  following
            Easterbrook's  departure,  in
            a  message  to  employees
            Monday.
            The lawsuit puts a spotlight   In a July 26, 2017 file photo, McDonald's CEO Steve Easterbrook is interviewed at the New York
            —  again  —  on  a  years-   Stock Exchange.
            long reckoning over sexual                                                                         Associated Press
            harassment  at  Chicago-     changing  videos  and  text  explicit  photos  and  videos  companies  not  to  reach
            based  McDonald's  and  its  messages  in  a  non-physi-  sent  from  corporate  email  severance    agreements
            39,000  restaurants.  In  the  cal, consensual relationship  accounts  —  from  his  cell  without a thorough investi-
            U.S.  alone,  more  than  50  with  an  employee.  Easter-  phone,  preventing  investi-  gation.
            workers have filed separate  brook  told  the  company  gators from learning about  "That's my big hope with this
            sexual harassment charges  that  there  were  no  other  them  prior  to  his  firing.  But  thing, that we learn from it,"
            against  McDonald's  with  similar  instances.  An  initial  that  evidence  remained  he  said.  "Companies  are
            the U.S. Equal Employment  search  of  his  cellphone  on  the  company's  email  not  going  to  settle  for  this
            Opportunity Commission or  confirmed that.                servers.                     anymore."
            in state courts.             Based  on  what  the  com-   McDonald's     didn't   say  McDonald's  is  now  at-
            Leaders  with  Fight  for  $15,  pany knew at the time, Mc-  why  those  servers  weren't  tempting  to  block  Easter-
            which    supports    higher  Donald's  board  approved  checked during its initial in-  brook  from  exercising  his
            wages  and  unions  for  fast  a  separation  agreement  vestigation.  In  the  lawsuit,  stock options and said it will
            food workers, said Monday  "without  cause"  that  al-    the company says it relied  seek  compensatory  dam-
            that McDonald's should use  lowed Easterbrook to keep  on  Easterbrook  —  its  high-  ages.
            any money it recoups from  nearly  $42  million  in  stock-  est ranking executive — to  It's unclear how much East-
            Easterbrook  for  worker-led  based  benefits,  accord-   be truthful.                 erbrook might have to pay.
            programs that combat sex-    ing to Equilar, which tracks  "That  reliance  caused  the  In  the  lawsuit,  McDonald's
            ual harassment.              executive  compensation.  company  injury,"  McDon-       says  Easterbrook's  sepa-
            In  his  message  to  employ-  Easterbrook  also  collected  ald's said in the lawsuit.  ration  agreement  makes
            ees, Kempczinski said he is  26  weeks  of  pay,  amount-  In  the  lawsuit,  which  was  clear that his 2018 and 2019
            committed to making sure  ing  to  compensation  of  filed  in  Delaware,  McDon-      equity awards may be for-
            that  employees  are  "en-   about $670,000.              ald's said it would not have  feited  if  the  company  de-
            couraged  and  comfort-      According  to  the  lawsuit,  terminated    Easterbrook  termines  he  has  engaged
            able  coming  forward  with  McDonald's  received  an  without  cause  if  it  had  in  "detrimental  conduct."
            information about any be-    anonymous tip in July that  known of the additional re-   Easterbrook  was  awarded
            havior  that  doesn't  align  Easterbrook  had  engaged  lationships.                  more  than  $29  million  in
            with our values."            in a sexual relationship with  Tim  Hubbard,  an  assistant  stock-based   compensa-
            McDonald's also told work-   another  employee.  After  professor  of  management  tion in those two years.
            ers  Monday  it  is  conduct-  an  investigation,  McDon-  at  the  University  of  Notre  Telephone and email mes-
            ing  a  global  survey  and  ald's  confirmed  that  rela-  Dame's  Mendoza  College  sages  seeking  comment
            listening  sessions  to  assess  tionship as well as two other  of  Business,  said  firing  a  were left with Easterbrook's
            the current state of its cor-  physical,  sexual  relation-  CEO  with  cause  can  lead  attorney.
            porate  culture.  The  assess-  ships in the year before he  to  protracted,  expensive  Easterbrook  and  his  wife
            ment  will  be  completed  was fired. Easterbrook also  legal  battles,  which  is  why  divorced in 2015, the same
            and  shared  with  employ-   approved  a  special  grant  boards try to avoid it. East-  year  he  became  McDon-
            ees  in  November,  McDon-   of  restricted  stock,  worth  erbrook's  case  seemed  ald's    CEO.   Easterbrook,
            ald's  Chief  People  Officer  hundreds  of  thousands  of  clear-cut, he said.        who  is  British,  began  his
            Heidi Capozzi said in a mes-  dollars, to one of those em-  But  Hubbard  applauded  career  with  McDonald's  in
            sage obtained by The Asso-   ployees, the lawsuit said.   McDonald's  for  reopening  1993 when he served as a
            ciated Press.                The company said Monday  the investigation when new  finance  manager  in  Lon-
            McDonald's  fired  Easter-   that  Easterbrook  removed  information came forward.  don.
            brook  last  November  af-   evidence of those relation-  He  said  McDonald's  expe-  McDonald's    has    taken
            ter  he  acknowledged  ex-   ships  —  including  sexually  rience  may  teach  other  steps  to  halt  harassment
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