Image Credit: CFJC Today

By Ashley Legassic

CIVIL SUIT

Herman sues Chances operator over employment termination

Aug 21, 2019 | 11:39 AM

KAMLOOPS — Former North Shore Business Improvement Association president and well-known community booster Bryce Herman is taking action against his ex-employer, Chances Casino.

In a lawsuit filed in Kamloops, Herman alleges that after Gateway acquired the casino at the beginning of this year, the new general manager Robert Case made “disparaging and humiliating comments to and about Mr. Herman in the following months.”

According to the claim, Herman first heard about his possible termination through a conversation in May with president of BCLC, Jim Lightbody.

“The Lightbody conversation took place in front of Mr. Herman’s daughter,” the claim states. “Mr. Herman was humiliated and caught offguard by the Lightbody (conversation) as he had not been told by Mr. Case, or anyone at Chances, that he had been terminated.”

Herman states that in a June 20 letter, Chances “purported to terminate” the employment agreement Herman had with the previous owners, effective July 31.

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According to the suit, Herman has suffered and continues to suffer losses as a result of Chances’ alleged actions, including loss of salary, harm to his reputation, and mental suffering aggravated by the rumors of his termination and the “humiliating comments”.

Herman is seeking damages of $135,000. Enterprise Entertainment, which operates Chances, has filed a response, in which they state Herman was an independent contractor — not a dependent contractor as Herman claims.

In the letter, the company points to things like Herman’s LinkedIn page and the fact he “rarely used” his workspace at the casino.

“Mr. Herman maintained a LinkedIn page, which at the time of filing this Response to Civil Claim indicates that he has operated Advance Hospitality Consulting Services since 1996,” the company states in its response. “He does not mention employment by Enterprise or the Casino on his LinkedIn page.”

Enterprise says in the suit that there was never a promise to continue Herman’s verbal contract with the previous owners to continue his contract until he turned 65.

The company claims to have made an employment offer to Herman, which would see his role change from Director of Marketing and Public Relations to Guest Services Manager. Herman allegedly denied the offer.

“He made that decision notwithstanding his knowledge that his existing arrangement with Enterprise was no longer required and would be terminated in the reasonably near future, given the resources available to the casino from Gateway,” the response letter states.

The company denies the allegations of Case or any other employee making any public comment about Herman’s actual or anticipated termination.

“Mr. Herman has not suffered any harm to his reputation,” the response states. “Mr. Herman has not experienced any mental suffering arising from any action of Enterprise, Gateway, or any of its employees or agents.”

Enterprise claims Herman was always an independent contractor, therefore the company didn’t need to provide reasonable notice of termination.

None of the claims in either Herman’s suit or the Chances response have been proven in court.

The filings by Herman and Chances can be read here: