1. Introduction and Overview
Web Posted July 22, 2005
Gary Trepanier v. National
Amusements, Inc.
Genesee Circuit Court Case No. 98-64002-CL
Honorable Archie L. Hayman presiding
| Gary Trepanier was
employed as a Theater manager by National Amusements, Inc. for 16 years prior to his
unjustified firing on September 21, 2000. Mr.
Trepanier, a white male, was 46 years old at the time of his firing.
Gary's last employee evaluation at National Amusements [See:
Evaluation] was made within a year of his firing, and
all of the grades on his evaluation are "good", "superior", or
"outstanding".
In addition, Mr. Trepanier received over 25 evaluations during his career at National
Amusements -- and every single one of the evaluations was "good" to
"outstanding". |
Trepanier
v. National Amusements Index
|
|
Evidence presented
at trial, and the decision of the largely female jury, proved that Gary Trepanier was
illegally fired because he obtained a personal protective order against a female co-worker
who was stalking and threatening him and his fiancée.
| Gary Trepanier was
the Theater Manager of the Showcase Cinema Theatre located in Flint, Michigan. The
Showcase Cinema Theatres are owned by National Amusements, Inc. which is a subsidiary of
Viacom Corporation.
Mr. Trepanier, a single man, had been dating female concession worker Coreen Heathcoat.
On August 25, 1998, Ms. Heathcoat, while intoxicated, telephoned Mr. Trepanier's residence
over 30 times. During these calls Ms. Heathcoat repeatedly made violent threats
against Mr. Trepanier and, in fact, threatened to show up at Mr. Trepanier's house and
burn it down! The jilted Ms. Heathcoat also threatened bodily harm to Gary's
fiancée, Linda. |
Flint is located in the center of Genesee County, Michigan |
The day after Ms. Heathcoat's outrageous telephone calls, Gary Trepanier obtained a
Personal Protection Order (PPO) from Genesee County Circuit Court. This Order [See: Protection Order] prohibited Ms. Coreen Heathcoat from
stalking Mr. Trepanier.
Subsequently, Trepanier's fiancée, Linda, complained to a senior vice president at the
company that Trepanier was being subjected to a hostile work environment and that it was
increasingly difficult for Gary to work in the same environment with the ex-girlfriend.
National Amusements then sent Gary home and ordered him to have no
contact with the theatre "so the company could conduct an investigation."
The investigator was Cindy Montgomery, National Amusement's Regional Manager.
In apparent frustration over his circumstances, Trepanier went to Ms. Heathcoat's
residence to confront her. He did not go to the theatre which would have
been a violation of the company's order to stay away from the workplace.
Using twisted logic, company investigator Montgomery seized upon this as a "violation
of the company's order to stay away from the theatre" and Gary was summarily
fired. Also cited as justification for firing Trepanier were the negative effects his
problems with the jilted Ms. Heathcoat were having on the theatre's business.
Ex-girlfriend Heathcoat was not fired or disciplined in any way. Evidence and
testimony presented at trial unambiguously showed that Mr. Gary Trepanier was the victim
of Ms. Coreen Heathcoat's terrifying phone calls. But National Amusements'
investigator, Cindy Montgomery, blamed Mr. Trepanier for the incident!
| At trial, Mr.
Trepanier testified that National's investigator, Cindy Montgomery, became extremely
hostile and accusatory toward Gary when she learned that he had filed for a Personal
Protective Order (PPO) against Ms. Heathcoat. Investigator Montgomery appeared to
favor perpetrator Heathcoat in every way during her investigation.
After concluding the investigation, and in a shocking act of injustice, National
Amusements, Inc.'s investigator, Cindy Montgomery, fired Gary Trepanier.
One of the stated reasons for the firing was Mr. Trepanier's whistle-blowing, in the sense
that Mr. Trepanier obtained a Personal Protective Order against Coreen Heathcoat.
In an Opinion published at Trepanier v National Amusements, 250 Mich App 578
(2002), the Michigan Court of Appeals held that Gary Trepanier's filing for the Personal
Protective Order was protected activity under the Michigan Whistleblowers' Protection
Act. The case was tried to a jury in Genesee County Circuit Court in April of 2004. |
SIDE BAR:
According to our sources, neither
Ms. Montgomery nor Ms. Heathcoat ever suffered any consequences for their role in Gary
Trepanier's wrongful termination.Heathcoat was not punished in any way for the drunken, threatening
phone calls to Gary Trepanier. She continued working at Showcase Cinema until she
resigned for unrelated reasons months after Mr. Trepanier's firing.
Ms. Cindy Montgomery remains
employed at National Amusements. She has status and power in the company AND,
according to our sources, nobody at National Amusements ever faulted her in any way for
her role in Gary's firing. |
|
On April 4, 2004, the jury rendered a verdict of $3,073,500.00 in favor of Gary
Trepanier. See the Trepanier Verdict Form and Judgment, attached. [Links: Verdict
and Judgment]
Although Trepanier was nominally a Whistleblowers' Protection Act case, the case
definitely had trappings of reverse gender discrimination. A hostile and aggressive
female Regional Director -- Cindy Montgomery -- totally favored the female stalker, Coreen
Heathcoat, over the male victim, Gary Trepanier. Heathcoat was favored despite the
fact that she had made numerous telephone calls threatening violence against Gary
Trepanier.
All too often, in the politically-correct employment world of today, women are favored
over men. This is what occurred in the Trepanier case. But Gary
Trepanier was vindicated by the jury. Trepanier's $3,073,500 verdict was the largest
whistleblower verdict ever rendered in the state of Michigan.
Subsequently, the Trepanier case was settled for a confidential amount on Appeal,
and is thus now concluded.
It is interesting to note that seven (7) of the eight (8) jurors in Trepanier were
female. This demonstrates that many American women do not relate to the type of
radical, anti-male feminism exhibited by elitist women in powerful positions. The
jurors believed that National's investigator, Cindy Montgomery, behaved extremely
unreasonably toward Gary Trepanier. The Trepanier jury's verdict represents
yet another blow against politically-correct reverse discrimination whether it is
based upon race, gender or ethnicity.
The name of Gary Trepanier should be remembered by anti-reverse discrimination activists
as a male who fought against corporate, anti-male feminism and won!
-- by Tim Fay, Editor. This
case write up is based upon interviews and correspondence with sources having direct
knowledge of the Trepanier case.
Lawyer for the
Plaintiff
Attorney Glen N.
Lenhoff litigated this case on behalf of Gary Trepanier. As a result of Attorney
Lenhoff's efforts, the mostly female jury ruled in favor of Mr. Trepanier to
the tune of $3 Million!
Attorney
Contact Info:
Updated 07-22-05
Glen N. Lenhoff
328 Saginaw Street
8th Floor, North Building
Flint, Michigan 48502
Phone: (810) 235-5660
Fax: (810) 235-5641
Email: Lenhofflaw@usol.com |
|
END Case 44 (part 1 of 5):
Introduction and Overview in Trepanier
v. National Amusements |