The board of directors of the Fresh Produce & Floral Council terminated its longtime president on Friday, Oct. 25, a week after the departure of two other key staff members.
Carissa Mace, who had served 12 years as president of the council, had been out on medical leave for approximately one month and was set to return to her position on Oct. 28. Instead, she was informed through her attorney of her termination.
The move comes one week after the board informed the council's membership via email that employees Amy Wun and Brett Roberts were no longer with the FPFC, effective Oct. 18. No reason was given for their departure.
The Produce News received confirmation from FPFC Chairman Andrew Bivens that Mace was no longer with the FPFC, but he declined to comment further.
Joel Baruch of the Law Offices of Joel Baruch PC in Irvine, CA, who is representing Mace, claims the medical leave was necessitated by the emotional distress Mace suffered as a result of alleged harassment by certain board members. He said he contacted the FPFC on Oct. 25 to inform the board of her plans to return on Oct. 28, and shortly thereafter received a reply via email informing him of her termination.
The email to Baruch read, "Please be advised that the board of directors has terminated Ms. Mace's employment effective today (Oct. 25). The decision was made previously and is not in any way related to her medical leave or her retention of your firm. Notice of termination has been sent to Mace and she is not to report to the FPFC office on Monday."
Baruch said that no reason was given for Mace's termination, and that he believes the move was in violation of the council's own bylaws.
"The move was done without observing corporate formalities that the board has to follow," said Baruch. "The FPFC is a nonprofit, but it is a corporation and the board needs to follow certain formalities. For example, if they want to fire the president, they have to have notice, an agenda and a quorum, and must follow their own bylaws and corporate laws in state of California, which they have not done. So it was an improper firing. Ms. Mace was not made aware of any meetings that were held to discuss her position. They were supposed to allow her to come back to work and reinstate her. She was physically able to perform her job."
Baruch said that FPFC is not bound by the federal Family Medical Leave Act because it has fewer than 50 employees, but the council has its own internal handbook policies that provide the same rights for reinstatement as the California Family Rights Act if an employee takes a work-related occupational disability leave that was authorized.
"Ms. Mace's leave was authorized by both the FPFC and her doctor based on certain medical issues caused by her harassment," Baruch contends. "She was on an authorized medical leave that was due to end on Monday [Oct. 28]."
Baruch said Mace is not seeking to be reinstated to her position at FPFC, but rather she is seeking economic damages related to the loss of her position, emotional distress and attorney fees.
