Employee Retaliation Lawsuit Filed Against Citizens Republic Bancorp
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SOUTHFIELD, Mich., March 24 /PRNewswire/ -- Plaintiff John D. Schwab, 64, of Clarkston started working for Citizens in 2002 as Executive Vice President and Chief Credit Officer at its headquarters in Flint, Michigan. He was recruited for this position by Citizens President and Chief Executive Officer, William Hartman. Over six years time, Schwab only received excellent reviews, salary increases, bonuses, stock options and grants. In early December 2008 anticipation of receiving $300,000,000 in federal bail-out or Troubled Assets Relief Program (TARP) funds, Senior Executive Officers including Schwab were required to sign a waiver of claims against the United States and Citizens for any changes in compensation, bonus, incentive and benefit plans. In mid-December 2008, Ben Laird, a member of Citizens Board of Directors and Chairman of its Compensation Committee, met with Schwab one-on-one and informed him of Hartman's demand for a new "guaranteed" four year employment contract and payment of a special $7,500,000 special bonus. In 2008, Citizens sustained a loss of $400,000,000 (thus triggering the need for the $300,000,000 in federal bail out funds) and Hartman received regular compensation totaling $780,000. Laird specifically sought Schwab's opinion of Hartman's compensation demands. Schwab told Laird that Hartman's compensation demands werecompletely wrong and inappropriate. The Federal bank bail-out statute and regulations provide that banks receiving TARP funds are specifically restricted as to the amount of bonuses bank officers may be paid. In that same meeting, Laird also asked Schwab if he would remain with Citizens should Hartman depart and would he also consider becoming Citizens CEO. Schwab stated that he would not resign if Hartman left and that he would commit to remaining at Citizens another 3 years and that he also welcomed being considered as a candidate for the President/CEO job. Subsequently, Citizens Board of Directors rejected some of Hartman's compensation demands. Further, it was decided that Hartman's tenure as Citizens President/CEO would end on January 31, 2009, at which time he [Hartman] would become the Chairperson of Citizens Board of Directors. Hartman remains Citizens Chairman today. Schwab was interviewed for the position of President/CEO along with three other candidates. He was told by the Board search committee that his experience and qualifications matched well with the President/CEO job requirements. Schwab stated that he was willing to remain with Citizens for an additional three to five years. Cathleen Nash was elected the President/CEO to succeed Hartman, and Schwab gladly agreed to assist her in any way, especially through the credit crisis. On Thursday, January 29, 2009 (only two days before Hartman's scheduled termination as Citizens President/CEO), Hartman summoned Schwab to his office and told him "you're going to retire" and that he [Schwab] had "undermined" him [Hartman]. Schwab's employment with Citizens ceased immediately after that meeting. The following counts were filed in the Circuit Court for the County of Genesee: COUNT I: Wrongful discharge in violation of Michigan Public Policy. Schwab was fired in retaliation for expressing his opposition to Hartman's compensation demands which included, Hartman's demand for the immediate payment of a special $7.5 million bonus. The payment of this special bonus would have violated the federal TARP statutes and regulations, which place limits on each bank participant's ability to pay excessive executive compensations. See 31 CFR section 30.0 et seq. Hartman fired Schwab in retaliation for him [Schwab] having opposed his [Hartman's] excessive and illegal compensation demands, specifically the $7.5 million special bonus. COUNT II: Violation of Elliott-Larsen Civil Rights Act, MCL 37.2201 et seq - Age Discrimination. Schwab is 64 years old when Hartman told him that he was being fired, he said that Schwab was to "retire" and upon his firing, Citizens announced Schwab's retirement. At no time did Schwab indicate he was retiring, in fact, he advised Citizens that he intended to work 3 to 5 years longer. The Law Offices of Sommers Schwartz, P.C. are located at 2000 Town Center, Suite 900. To reach Sommers Schwartz, P.C., in Southfield, Michigan, phone 248-355-0300. MEDIA NOTE: 11:00 a.m. news conference on Tuesday, March 24, 2009 in the Sommers Schwartz board room, 9th floor. ***Plaintiff John D. Schwab and his attorney Daniel Swanson of Sommers Schwartz, P.C. will address the media. SOURCE Mort Meisner Associates Mort Meisner, +1-248-545-2222, or Kristin Schenden, +1-248-895-5638, both of Mort Meisner Associates
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