Fazbears lawyers are preparing to fight the Westgate entertainment complex’s attempt to force them to represent a Silo Entertainment employee in a lawsuit alleging the company violated state and federal law when it failed to pay its overtime.
The case centers on a lawsuit filed by Silo employee Daniel Gudas, who alleges that Westgate employees breached their contract when he worked as a security guard at the Silo in 2012.
Gudas was fired by Westgate in 2013 after the company failed to provide him with overtime and other wages.
He claims he was fired because he was the only employee who had a gun on duty at the building.
Westgate filed a motion last month in the United States District Court for the Eastern District of Virginia to dismiss the lawsuit, but that motion was granted by a federal judge in Alexandria.
The Silo is a private residential entertainment complex located in Westgate, Virginia, about 30 miles north of Washington, D.C. It’s one of the largest entertainment venues in the nation.
In 2013, Silo employees sued the entertainment complex and the entertainment district for breach of contract, alleging that they were improperly fired for working overtime without a pay check.
The entertainment district has been trying to get the Silos to pay the employee for work he did for the entertainment center, arguing that Westside was not paying him enough.
The entertainment district argues that the Siloes failure to pay Gudes is due to the fact that he was an “agent” for Silo.
But Guds attorney, Mark Schmaler, says that the entertainment districts failure to provide compensation to Gudens employee is based on the fact the entertainment company didn’t have a contract with the employee.
“This is not about a contract, this is about an illegal practice,” Schmalers defense lawyer said.
“We are not trying to have a conflict of interest here.
The employee is a licensed, employed attorney, and the Siloing is a public entity, and they are obligated to pay him,” Schmaser said.
Gurr said he’s not surprised that the lawsuit has reached the federal level.
“It’s the only way that I can be represented, and that’s what’s so troubling, that the federal government is being involved,” Gurr said.
Schmaler said the case is an example of the way in which federal court decisions are being made that favor entertainment companies.
“The federal government’s been working overtime to benefit themselves, and now that the public has seen what’s going on, they want to see what they can do to help,” Schmser said.
“The entertainment companies claim that the state and the federal courts have sided with them, but it’s been a long and difficult road, and I’m hoping that this case is a way for us to get back on track,” Schmaers attorney, Dan Pinsky, said.
The lawsuit filed in the Eastern Circuit Court of Appeals alleges that Gudges employer, Silos owner, Westgate Management LLC, failed to give him the opportunity to negotiate a severance package with the entertainment companies, and he was not compensated for his overtime.GUDAS said he was hired to work at the entertainment park to protect it from the threat of the bears, and said he never expected to be fired.
Gudis said that he didn’t know about the lawsuit until it was filed.
“They didn’t hire me to do anything other than to do a job that’s supposed to be done by somebody else, so I didn’t even think that I would be in this position,” Gudasa said.
“I didn’t expect that.”