LOWELL The company accused Market Basket executives Joe Schmidt and Tom Gordon of trespassing almost two dozen times after they were fired, so Lowell Superior Court Judge William Barrett granted an injunction for a restraining order against the two men, preventing them from approaching company premises.
The new administration of Market Basket accused Schmidt and Gordon of repeatedly trespassing on company property after the grocery store banned them on May 28. Following their official dismissal on July 22, the firm stated that Schmidt had entered the Tewksbury headquarters of the company after hours on August 7 and that the two of them had visited over two dozen Market Basket outlets between August 4 and August 9.
Lawyer William Weinreb, who represented Market Basket in the case, claimed that Schmidt and Gordon were blatantly disobeying a company directive to refrain from using company property after they were first suspended and that they had to be reminded at least four times before they were fired.
Then, following their termination During Thursday morning’s hearing, Weinreb told Barrett, “They started this campaign of trespassing.”
Barrett initially asked what kind of irreversible harm the corporation thought Schmidt and Gordon’s entry onto corporate property was causing.
In response, Weinreb stated that the infringement of the freedom to exclude others is irreversible harm.
As previous high-level executives, Weinreb contended that retail employees don’t feel free to ignore Schmidt and Gordon when they enter a store, particularly when both of them indicate a wish to resume their positions inside the organization.
According to Weinreb, that is disruptive to the business.
Barrett stated that there is harm in knowing that Schmidt can seemingly go anywhere he wants and do whatever he pleases, but the company is unsure of which specific offices Schmidt may have entered in the Aug. 7 incident in which he entered the Market Basket headquarters in Tewksbury.
Schmidt and Gordon were represented by attorney Peter Gelhaar, who stated that Schmidt had visited the headquarters to drop off his corporate vehicle and to see a friend of his, a warehouse manager. Gelhaar claimed that despite the company’s order, Schmidt did not face any resistance from the staff he came into contact with at the headquarters. Gelhaar disputed the company’s allegation that Schmidt might have used his master key, stating that one employee had even pointed Schmidt in the direction of an open door to locate the manager.
Gelhaar also said that the staff members at the stores they visited were friendly to Schmidt and Gordon.
Gelhaar stated that it is sufficient for an employee with parent authority to say, “You may be here,” adding that business directives might not be applicable after the duo was fired.
Barrett was dubious of much of the defense’s argument throughout and disagreed with Gelhaar’s claim that an employee can override a corporation direction like that. Barrett personally observed that Schmidt put images of suspended CEO Arthur T. Demoulas in the windows of the corporate automobile when he returned it.
Barrett remarked, “That’s a message about the car.”
Barrett stated in his decision that while he does not think these two people will cause any harm, their frequent trips to the outlets and their entry into the headquarters were not a positive impression. Schmidt and Gordon were asked to return the company’s keys as part of the company’s relief request, but Barrett claimed it was immaterial because they had already done so prior to the hearing.
Schmidt and Gordon later addressed the media outside the courthouse, stating that they acknowledged the judge’s decision but insisted that their visits to corporate property were not disruptive.
Schmidt stated, “I understand the facts; we were hoping for a better result, but it’s okay.”
Schmidt responded, “I was just visiting all the people I’ve worked with in my 39-year career,” when asked why he was visiting the Market Basket outlets.
It meant a lot to me, Schmidt said, adding that many friends, those who have sought out, and people I spoke to expressed their happiness at seeing me. There were some private discussions concerning family members and even their respective roles inside the organization. I wanted to let those people know about this, and I did so with pride.
Schmidt further denied Market Basket’s assertion that he was informed that he was still prohibited from using company property following his termination. Schmidt, however, stated that he would not be on business property again after the judge’s decision.
Schmidt stated, “Of course I would abide by any mandate or restrictions, and the judge seemed very fair.”
Schmidt did, however, express optimism that he would eventually return to his position.
I have faith and optimism that the company will see positive change. That’s the only thing at stake. Schmidt stated, “I worked for that company for 39 years of my life; it’s not something you just walk away from.”
Schmidt stated that he is now anticipating the September 3 mediation between the company’s board of directors and Demoulas, who was also placed on leave on May 28 along with his brother-in-law and two children.
Gordon said he went to the stores to meet with some of the many people he has worked with over his own five-decade career, echoing Schmidt’s statement that he respected the judge’s decision.
“Over my 50-year career, those people have meant a lot to me,” Gordon remarked.
Steve Collins, a board member of Market Basket, expressed his satisfaction with the injunction in a statement following the decision.
According to Collins, the Court’s injunction has the effect of stopping these people’s continued illegal activity and directing them to refrain from visiting Market Basket’s offices and stores. Schmidt and Gordon had visited at least 23 outlets without permission in the last few days alone. Schmidt also entered Market Basket’s corporate headquarters through a side entrance and spent time browsing through several associates’ offices.
Collins added, “The Court determined that Schmidt and Gordon were not credible and that their actions were detrimental to Market Basket.” Market Basket was worried that Mr. Demoulas’ lieutenants were breaking into our offices and stores to threaten our employees and interfere with business operations. Despite multiple warnings and demands to cease, which the Court deemed to be unambiguous and explicit instructions, they persisted in their behavior. That illegal action is stopped by this order.
Justine Griffin, a spokesman for Demoulas, said she was shocked by the decision following the hearing.
According to a statement from Griffin, Tom Gordon and Joe Schmidt have devoted their entire professional lives to Market Basket and have played a crucial role in the establishment of its culture and success. The Market Basket family is a group of associates that they have nurtured.
They have endured with dignity and integrity despite the numerous false accusations that have been made against them since May 28, Griffin added. Since they felt they could visit the stores after being dismissed, they did so to check on individuals and reassure them that everything would be alright, not to threaten or intimidate. We regret that this decision is based on misunderstandings about their intentions, but we will nonetheless respect it.
