A San Antonio federal jury on Friday found two former Lion & Rose Restaurant & Pub employees were not fired for reporting COVID-19 symptoms, as they had alleged. But jurors awarded $2,500 in lost wages and benefits to a third worker.
The three plaintiffs — manager Gary Bruce and bartenders Spencer Cox and Michael Summers — had sued the restaurant and owner Allen Tharp claiming they were terminated after developing coronavirus symptoms and quarantining in 2020 instead of going to work.
They each asked the jury to award lost wages and benefits. Bruce asked for $8,333, Cox $58,300 and Summers $68,400. Bruce and Summers also sought unspecified compensatory damages, including for future pain and suffering and mental anguish.
Jurors deliberated about 90 minutes before only awarding $2,500 to Cox.
On ExpressNews.com: Trial underway in three San Antonio restaurant workers’ lawsuits alleging COVID-19 firings
The jury did not find that Bruce or Summers were fired in violation of the Emergency Paid Sick Leave Act, a federal law that went into effect April 1, 2020, at the beginning of the pandemic. Under the law, workers could receive up to 80 hours of paid sick leave if they had COVID-19 symptoms and sought a diagnosis. The law remained in effect through Dec. 31. 2020.
Employers could receive tax credits for the cost of providing workers with paid leave taken for reasons related to COVID-19.
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