A former manager at the Palace Hotel has accused his employer of age discrimination, saying he was wrongly fired and replaced by a younger manager, after a discussion about employee time card entry.
In the lawsuit filed in San Francisco Superior Court, Philip McGinn states that he was "known as a dependable employee, and others relied on him to provide excellent customer service. Plaintiff took great pride in making sure hotel guests were happy."
Coworkers twice nominated McGinn as "Manager of the Quarter," according to the suit.
But in May, McGinn was fired, allegedly after questions were raised over his handling of employee timecards.
"On or about February 2023, Defendants began tracking down employees at the Palace Hotel who were falsifying their timecards," the suit states. "Throughout his employment with Defendants, Plaintiff has always entered timecards in an honest, accurate manner."
McGinn began his career at the hotel as a food and beverage manager in November 2017. He was suspended on May 13 and fired on May 22, the lawsuit states. He was 61 years old at the time he was fired, according to the complaint.
"After terminating Plaintiff , Defendants assigned a significantly younger employee, who was approximately in his 20s, to take over Plaintiff’s shifts," the suit says.
The lawsuit claims that McGinn's age "was a substantial motivating reason" for his termination.
McGinn states that he was not allowed to say goodbye to his coworkers after the firing.
"Plaintiff had never been subjected to any type of disciplinary issue during his employment with Defendants," the suit states. "Plaintiff was a highly rated manager as well as a top earner and worked at both the Pied Piper Bar, an award-winning institution, and the Garden Court Restaurant."
The suit seeks financial compensation for damages which include alleged emotional distress.
"As a direct, foreseeable, and proximate result of Defendants’ failure to prevent discrimination, Plaintiff suffered and continues to suffer humiliation, embarrassment, anxiety, mental anguish, and other related damages," the suit states.
McGinn is represented by Dylan Hackett of the Hackett Law Firm.
McGinn v. Marriott Hotel Services, LLC, San Francisco Superior Court, CGC-23-608625.