1. Is it illegal under state law for an employer to retaliate against an employee for calling the state Health Department about an unsafe or unsanitary kitchen condition?

2. What is a pretext? How did the pretext apply in this case?

3. Was Adams entitled to damages for emotional distress without supportive expert medical testimony?

After a jury returned a verdict in favor of the plaintiff, Gerald K. Adams, finding that his employer, the Warwick Rhode Island Pizzeria Uno had wrongfully terminated Adams in violation of the state’s Whistleblowers Act,* the trial court set aside the jury’s award of $7,500 in damages, and Adams appealed to the state’s Supreme Court.

JUDICIAL OPINION

PER CURIAM … On May 20, 1996, the plaintiff, who had been employed by the defendant for several years, arrived for his nighttime line cooking shift at the defendant’s Warwick restaurant. Shortly after his shift began, the plaintiff noticed that the kitchen floor was saturated with a foul-smelling liquid coming from drains and backing up water onto the floor. He complained of illness and went home, at which time he contacted the Department of Health about the drainage problem in the restaurant’s kitchen. A Department of Health representative visited the restaurant that evening and noticed that the floor drains were backed up and that the floor was wet and slippery. She ordered the kitchen staff to dispose of all the food they had touched with their bare hands and closed the restaurant for the night, leaving instructions to sanitize the kitchen area and clear all the drains. She also inquired about which employee went home sick. The restaurant reopened the next day after sanitizing the kitchen.

On May 22, 1996, two days after the incident, the plaintiff, who was not scheduled to work that day, returned to the restaurant curious to determine whether there was any hostility toward him resulting from his having called the Department of Health. The plaintiff testified that he was summarily ordered by David Badot, the restaurant’s manager, to come into his office and that Badot proceeded to shout at him while inquiring whether he had contacted the Department of Health. The plaintiff testified that he shouted back at Badot and acknowledged that he had indeed called the Department of Health. Badot then accused the plaintiff of stealing one of the defendant’s softball team shirts and of taking a work schedule home. Badot then left his office, and the plaintiff followed him out into the general cooking area, where other employees were present. The shouting match between Badot and the plaintiff continued and in the course thereof, the plaintiff told Badot that he “was going to follow him back to Massachusetts on this, and [he] was going to blow the intelligence out of his head.” The plaintiff then left the restaurant. Badot claimed to have perceived the plaintiff ’s words as threatening and instructed an employee to call the police. When the plaintiff later heard that the police were looking for him, he voluntarily went to the Warwick police station, whereupon he was then charged with disorderly conduct, arraigned, and pled not guilty. No trial on the charge ensued. The charge was later filed. One year later his record of arrest and charge automatically was expunged pursuant to the case filing statute.

Shortly thereafter, the plaintiff commenced this civil action against the defendant alleging therein that he had been unlawfully terminated only because he had notified the Department of Health regarding the unsanitary kitchen …………………