NEW YORK (Legal Newsline) – Former employees of New York Dunkin' Donuts franchises allege they were damaged by reduced wages and salaries because of illegal nonsolicitation agreements.
Kayla Marie Avery, Kahari Thomas and Prestige Lawrence filed a complaint individually and on behalf of all others similarly situated on Oct. 25 in the U.S. District Court for the Southern District of New York against Albany Shaker Donuts LLC, Cohoes Donuts LLC, Thompson Road Donuts LLC, Worcester Upstate Donuts Inc., Dunkin Donuts Franchising LLC and Does 1-10 alleging violation of the Sherman Act and illegal contract in restraint of trade or furnishing of services.
According to the complaint, the plaintiffs are all former employees of Dunkin' Donuts franchises in New York. They allege they were harmed because the defendants had illegal nonsolicitation agreements and no-hire agreements that "had the intended and actual effect of significantly reducing class members' wages and salaries," the suit states.
The plaintiffs hold Albany Shaker Donuts LLC, Cohoes Donuts LLC, Thompson Road Donuts LLC, Worcester Upstate Donuts Inc., Dunkin Donuts Franchising LLC and Does 1-10 responsible because the defendants allegedly agreed to restrict competition for class members' services with the agreements.
The plaintiffs request a trial by jury and seek judgment against the defendants, certify class action, appoint plaintiffs as class representatives and their counsel of record as class counsel, compensatory damages, prejudgment and post-judgment interest, costs of suit, attorney's fees, costs, and other relief to which the class may be entitled at law. They are represented by Avi Mermelstein of Mermelstein Law in Bronx, New York and Craig J. Ackermann of Ackermann & Tilajef PC in Los Angeles, California.
U.S. District Court for the Southern District of New York case number 18-cv-09885