Garden Grove, California (PRWEB) September 07, 2011
President of U.S. Operations, Robert Spetner, has filed a Complaint in Orange County Superior Court (Case No. 30-2011-00497156) today, alleging that he was fired by the Owner of the Nad’s brand of hair removal products, international company Sue Ismiel & Daughters, Inc. (SI&D), for attempting to stop the corporation from profiteering through their continued unethical sales of bulk quantities of its defective Nad’s hair removal product in the United States. His Complaint alleges violation of the California Whistleblower Statute, as well as claims for breach of contract, wrongful termination and unpaid wages. Spetner seeks a monetary award for damages in excess of $500,000, and he is represented by the Newport Beach Law Office of Russell J. Thomas, Jr.
SI&D, Inc., an Australia-based company, markets its well-known skincare product, Nad’s Hair Removal, through popular mass retailers in the United States, including WalMart, Target, CVS, RiteAid, Safeway, K-Mart, Walgreen’s and other major chains. According to the Complaint filed by the Law Office of Russell J. Thomas, Jr., when Spetner, President of the Company’s U.S. Operations, learned that the Company’s overseas manufacturers had shipped certain batches of the product which were defective, he urged the SI&D corporate Board of Directors in Australia to recall the defective inventory and inform its retailers and customers about the compromised product. Spetner alleges the Company refused and proceeded to fire him, fearful that he would reveal honest information regarding the defective product to federal and state consumer protection agencies, in addition to prestigious retailers and consumers.
Spetner’s Complaint asserts in 2010 and 2011, SI&D instructed Spetner to conceal the fact that SI&D had purchased over 300,000 units of defective Nad’s Body Hair Removal Strips from its manufacturer, which was then shipped to U.S. retail customers and consumers. However, Spetner claims SI&D told him that the retailers, who had bought hundreds of thousands of dollars’ worth of defective merchandise from the Company, would be reasonably “better off” by not knowing that they had purchased flawed product. Spetner maintains he repeatedly informed the Company that he wanted to resolve his “untenable position”- being ordered by the Company “not to be transparent” with his longstanding, loyal customers of over twenty years. Still, Spetner contends the Company insisted that he conceal the truth.
The Company initially discovered faulty product during 2010, and then again in 2011, according to the Complaint and other documents filed with the court. SI&D immediately sought and received credits from its manufacturer for the defective merchandise, but the Company Directors allowed SI&D to profit from those credits without issuing a recall, replacing the defective product, or refunding its retailers. While the Company, on its website proclaims that “Nad´s continues to uphold family values of honesty, integrity and commitment to providing the best range of hair removal solutions for its customers”, Spetner’s Complaint asserts the SI&D Board of Directors knew that it had shipped hundreds of thousands of defective Nad’s Body Hair Removal Strips for over a year. Nevertheless, even today, it appears the Company continues to withhold information regarding its defective product from U.S. retailers and consumers, ignoring the risk of a class action lawsuit by consumers who may believe they were deceived.
Hired in 2008, Spetner transformed SI&D operations in the U.S. from a $2 million per year “money loser” into a highly profitable enterprise. Yet, despite his stellar performance reviews, Spetner alleges in his Complaint that SI&D suspended him when he refused to acquiesce in the Company’s strategy of dishonesty with retailers and consumers. Furthermore, Company Owner and C.E.O. Sue Ismiel fired Spetner shortly after he reported the Company’s activities to state and federal agencies.
“This is a classic example of an employer retaliating against a whistleblower,” says Newport Beach attorney Russell J. Thomas, Jr., who represents Mr. Spetner in his lawsuit. “His employer, SI&D, was willing to sacrifice a hard-working, successful Operations President in order to cover up its deceitful practices in the marketplace”.
The Newport Beach Law Office of Russell J. Thomas, Jr. provides creative solutions to today’s workplace challenges faced by human resource departments, business managers and corporate level management. Mr. Thomas received his undergraduate and JD degrees from Harvard University, and he has practiced law for over thirty years. His practice specializes in litigation, counseling, and representation in state and federal courts and before state and federal administrative agencies. His thorough understanding of California law and policies has helped employers avoid costly mistakes for decades. For more information on employment and labor law matters, contact Russell Thomas directly at (949) 752-0101, or e-mail him at rthomas(at)emplmntattorney(dot)com. Follow him on Twitter @EmplmntAttorney and http://www.Facebook.com/EmplmntAttorney for practical advice relating to business and employment litigation, or visit http://www.EmplmntAttorney.com.