Rumson Chef Worked Without Mask, Fired After Catching COVID: Suit

RUMSON, NJ - A New Jersey chef is suing his former Rumson employer, alleging that the restaurant where he worked did not follow proper COVID-19 pandemic hygiene and safety practices.

Toms River resident Andrew Mazza, 33, was a sous chef at Salt Creek Grille, hired in 2020 according to court documents filed in February in Ocean County Superior Court. However, despite executive orders mandating employers to provide employees to wear PPE (including face masks) at all times, “almost all of the [COVID] procedures were not followed” while Mazza was working at the Rumson eatery, according to the complaint.

“[Salt Creek Grille] failed to adopt, implement, and/or enforce protocol, procedures, policies, safety rules, operating rules and/or regulations to ensure both a reasonably safe work environment and to prevent the spread of/contraction of COVID,” the lawsuit reads.

Examples of this included Mazza reportedly working with the head chef approximately one foot apart for nearly an entire shift on Nov. 17, 2020, per court documents. It was only three days later that, on Nov. 20, the head chef allegedly advised fellow employees that he and his brother (a line cook at the Salt Creek Grille) tested positive for COVID-19.

Mazza, aware that he might be positive for COVID-19 given his close proximity to the head chef days before, alerted the head chef about his concerns coming to work. Yet, Mazza says he was still instructed to report to work despite the risks.

“Upon information and belief, there was a rush to open the restaurant for Thanksgiving as the food had already been ordered prior to the two-day closing of the restaurant," the lawsuit said. “Due to his medical condition, [Mazza] advised the head chef he would not be coming in to clean the restaurant since he was a high-risk individual and he had not received a COVID test.”

Mazza reportedly contacted Hackensack Meridian Urgent Care for a COVID test, but was advised that, for the test to be near 100 percent accurate, Mazza would have to wait until Nov. 24 to get a test. Mazza tested positive for COVID-19 on Nov. 27 and attempted to reach the owner of Salt Creek Grille to advise him of the test result - but according to the lawsuit, Mazza was met with no reply.

Mazza was later advised that he was fired as a result of not timely reporting his progress in seeking a test.

“[Salt Creek Grille] retaliated against [Mazza] as a result of voicing his concerns and refusing to participate in illegal and unsafe acts of the employer about what [Mazza] believed to be violations of the law and Executive Orders,” the lawsuit reads.

The owner of the Salt Creek Grille did not return a request for comment.

The lawsuit seeks compensatory and punitive damages, the cost of attorney fees and pre- and post-judgement interest.