WWD Digital Daily

Cases Against Philipp Plein Alleging Homophobia Continue

- BY LUISA ZARGANI

While the Supreme Court of New York dismissed one case against the designer, another alleging homophobia and discrimina­tion remain ongoing.

MILAN — A case claiming that Philipp

Plein made homophobic comments and discrimina­ted against a former employee continues in a New York court.

The case was brought by Amrop Alsoleibi, a former Plein regional manager, who in February 2021 accused the designer and the American arm of his brand in a New York court, claiming Alsoleibi was discrimina­ted against in the workplace and retaliated against, ultimately resulting in his wrongful firing.

Plein denies the allegation­s.

A separate case of, Talal Atassi v. Philipp Plein Americas Inc., received a summary judgment on April 6 in the Supreme

Court of New York. Atassi was seeking compensati­on from Philipp Plein for recruitmen­t services allegedly rendered through an agreement with Alsoleibi.

Judge Louis L. Nock ruled on that case, dismissing it. However, that case had no bearing on Alsoleibi’s allegation­s of homophobic behavior and discrimina­tion.

An article in WWD on April 15 incorrectl­y stated that Plein had been cleared of those allegation­s, but that Alsoleibi’s case is ongoing.

Atassi declined to comment on the Supreme Court decision.

Alsoleibi’s attorney said, “Mr. Atassi’s lawsuit is an entirely separate matter, and this decision does not impact Mr. Alsoleibi’s claims against Philipp Plein and Philipp Plein Americas. Mr. Alsoleibi’s case is still in its early stages. We are confident that when this case does eventually make it in front of a jury, they will confirm the allegation­s that Mr. Alsoleibi was subjected to a hostile work environmen­t on the basis of his sexual orientatio­n and disability.”

Carmine Rotondaro, Plein’s business adviser, sent this statement to WWD: “Having regard to the relation between the Plein Group and Mr. Alsoleibi, the recent decision court notes that ‘defendant’s terminatio­n of Alsoleibi shortly after discoverin­g the contract casts serious doubt on the scope of his authority, an issue that must be resolved at trial. Nor, on the present record, can defendant be said to have ratified the contract by hiring candidates procured by Atassi; Alsoleibi concealed Atassi’s existence from defendant until shortly before he was terminated.’

“The above findings of the court explicitly address the circumstan­ces of the terminatio­n of Mr. Alsoleibi’s employment and point at a behavior (trying to bind the employer without authority and concealing from the employer the existence of the allegedly hired service provider) which clearly constitute­s serious and sufficient ground for the terminatio­n of Mr. Alsoleibi. This misconduct was the reason why the employment of Mr. Alsoleibi was justifiabl­y terminated. Any allegation to the contrary, including employment terminatio­n on grounds of sexual orientatio­n or health status, appears inconsiste­nt with the court’s decision.”

In February last year, as reported, Alsoleibi, a former Philipp Plein regional manager, sued the fashion designer and the American arm of his brand in a New York court, claiming he was discrimina­ted against in the workplace and retaliated against, ultimately resulting in his wrongful firing.

In the lawsuit, Alsoleibi accused the designer of making repeated homophobic comments to him and allegedly other gay employees, and of canceling his health care and eventually terminatin­g his employment in retaliatio­n for his sexuality, as well as it becoming known that Alsoleibi is HIV-positive. Before working for Plein, Alsoleibi worked for more than a decade in sales and management for a number of luxury brands, including Chloé, Etro, Fendi and Valentino.

“[Plein] frequently affirmed and fostered the macho and toxic masculinit­y image of his business,” Alsoleibi said in his complaint.

Through Rotondaro, Plein has firmly rejected the allegation­s, calling them “baseless and defamatory.” He contended the allegation­s of “anti-gay discrimina­tion feelings and conduct… never existed, never happened and never had any place, neither in the heart of Mr. Plein nor in any part of his company.”

In his lawsuit, Alsoleibi claims that around the time he began to openly note the offensive nature of Plein’s remarks and make formal complaints, the company allegedly sent him a “warning letter” regarding his performanc­e, which he said was merely to build “pretext” for his eventual firing. He claims that during his management, Plein stores under his region reached $12 million in annual sales.

His terminatio­n came to pass in early 2019.

“Alsoleibi was terminated as a direct result of his sexual orientatio­n and HIVpositiv­e status, and was in retaliatio­n for his multiple complaints about defendants’ unlawful employment policies and hostile work environmen­t,” the complaint alleged.

In the Supreme Court decision on April 6, Nock stated that Atassi, as chief executive officer of ASAP Staffing Services LLC, and Alsoleibi “entered into a contract pursuant to which ASAP Staffing was to provide recruitmen­t services to defendant.”

According to this contract, for each potential hire brought to Plein by Atassi, the fashion house would pay him 20 percent of that person’s annual salary, the court papers explained.

Atassi asserts that the contract took effect in November 2018, and “pursuant to the contract, he found and placed 10 candidates with defendant.” He stated that the total compensati­on owed is $97,568, which Plein has refused to pay.

Plein, in response, claimed that the contract was invalid “because Alsoleibi never had the authority to bind defendant to it.”

In addition, Plein “further asserts that no one…other than Alsoleibi was aware of the contract, in part because Alsoleibi went to great lengths to conceal Atassi’s part in recruitmen­t for defendant.”

On Jan. 25, 2019, Alsoleibi revealed Atassi’s existence to Plein by copying him on an email involving the company’s new head of recruiting. Six days later, Plein terminated Alsoleibi “for purporting to enter into the contract on defendant’s behalf ‘without the authority or authorizat­ion to do so,” states the court document.

The plaintiffs filed the summons and complaint on June 28, 2019, and requested summary judgment.

“The primary issue relating to the parties’ contract is whether Alsoleibi, as a manager of defendant, had the authority to bind defendant to the contract. Plaintiffs assert in their moving paper, without any supporting evidence, that Alsoleibi had authority to bind defendant. Defendant, in turn, argues that he had no such authority, and offers

Alsoleibi’s terminatio­n letter, which states that he was fired because he purported to bind defendant without the authority to do so,” continues the court document.

In reply, Atassi belatedly offered another recruiting contract that “Alsoleibi signed on behalf of defendant shortly before the contract at issue herein, apparently without objection from defendant.”

“The record contains no evidence of any contact between defendant and Atassi until shortly before the contract was terminated and Alsoleibi was discharged,” states the court document. “Atassi testified that he had never discussed his recruitmen­t business with anyone at defendant other than Alsoleibi, and made no independen­t effort to verify Alsoleibi’s authority to bind the company prior to entering into the agreement. It was his responsibi­lity to make such efforts. Whatever representa­tions Alsoleibi may have made to Atassi regarding his authority are insufficie­nt; authority derives from the acts and representa­tions of the principal, not the agent.…Indeed, defendant’s terminatio­n of Alsoleibi shortly after discoverin­g the contract casts serious doubt on the scope of his authority, an issue that must be resolved at trial.”

Alsoleibi concealed Atassi’s existence from defendant until shortly before he was terminated, writes Nock and, in his ruling, the judge ordered that “plaintiffs’ motion for summary judgments is denied.”

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Philipp Plein

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