Founders Brewing Issues Statement Regarding Detroit Metro Times Article

From Founders:

[Editor’s note:  The article is here]

Please see below for a full statement regarding the recent Detroit Metro Times article provided by our legal counsel. The author chose not to include our full statement and, as a result, we are opting to share it with you.

Mr. Perkins,

Thank you for reaching out to Founders before publishing your column.  Founders will soon be providing its full response to Mr. Evans’ claims when it files a motion to dismiss the case in its entirety.  This motion will include documentary proof that neither Mr. Evans’ race nor retaliation played any part in Founders’ decision to end Mr. Evans’ employment.  I would ask that you reserve judgment or comment on this case until you actually see the evidence presented by the parties.

In the event that you will not, I understand that a person unfamiliar with most of the facts in this case, and a person unfamiliar with the obligations that individuals are under when they give deposition testimony, might perceive Mr. Ryan’s statement as noteworthy.  It is not.  First, as I doubt you’re aware, Mr. Evans himself has testified – unequivocally and under oath – that Mr. Ryan is not racist and was his friend; so whatever point Mr. Evans is trying to make by leaking deposition testimony to you is undone by his own words.  Second, this testimony is not Founders’ defense in this case as you allege.  Founders evaluated and decided to terminate Mr. Evans based only on his job performance.  Mr. Evans’ poor job performance will be apparent when Founders files its upcoming motion.  Third, through this testimony, Mr. Ryan was simply saying that he does not assume anything about individuals’ race or ethnicity unless they tell him that information.  While it might be acceptable to speculate about this type of thing in casual conversation, Mr. Ryan was not having a casual conversation.  He was under oath when he made these statements.  As all deponents are instructed, Mr. Ryan was directed not to guess, assume or speculate in his deposition.  This is the reason for his answer.

The fact that Mr. Evans is selectively leaking this type of information to you indicates that, unlike Founders, he has no evidence to support his position in this case.  Founders looks forward to its day in court, and, now that discovery has closed, it is more confident than ever that it will prevail.

Patrick M. Edsenga
Attorney at Law
Miller Johnson