Mr. Marcus alleges that he was subjected to harassment and then terminated so that Hilton could avoid having to pay him a bonus that he had already earned. Both of these actions are in violation of California law. Under Mr. Marcus's direction, the Food & Beverage division at the Bayfront delivered Hilton the third highest profitability both in percentage and dollars of any of the North American hotels over 1,000 rooms. Mr. Marcus's leadership with respect to creativity, corporate and high profile events and food & beverage innovation was recognized not only at the property level, but throughout Hilton's Corporate Food & Beverage team.
Just over a month before the end of 2009, Hilton terminated Mr. Marcus's employment and refused to pay him any portion of his bonus for 2009 which he had earned under Hilton's bonus program. The Complaint alleges that Mr. Marcus's termination was part of a plan by his supervisor to eliminate him from the hotel so that the supervisor could continue to take additional control without intervention. Hilton created the system by which this supervisor was able to manipulate others for her financial gain and the financial detriment of people like Mr. Marcus.
In addition, Hilton subjected Mr. Marcus to a hostile, abusive and intimidating work environment in which sexually inappropriate behavior permeated the workplace.
Mr. Marcus is seeking lost pay and benefits and damages associated with mental suffering.