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1 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED » NEWS NOW Medford School District considers opening borders ... Auditor says Breidenthal's statements are 'inaccuracies' ... Court sides with US agency in decades-old land-grazing case ... Medford School District considers opening borders ... Auditor says Breidenthal's statements are 'inaccuracies' ... Court sides with US agency in decades-old land-grazing case ... Chef sues Jacksonville brewhouse over firing He claims it was retaliation for reporting unsafe work, food-handling conditions; owner says Nelson terminated for cause JACKSONVILLE — A chef claims he was unlawfully terminated for opposing unsafe working conditions in a suit filed against Frau Kemmling Schoolhaus Brewhaus German restaurant. Comment By Tony Boom MailTribune.com By Tony Boom Posted Sep. 11, 2011 at 12:41 AM Updated Sep 11, 2011 at 3:41 AM By Tony Boom Posted Sep. 11, 2011 at 12:41 AM Updated Sep 11, 2011 at 3:41 AM » Social News JACKSONVILLE — A chef claims he was unlawfully terminated for opposing unsafe working conditions in a suit filed against Frau Kemmling Schoolhaus Brewhaus German restaurant. Timothy Nelson also asserts he was retaliated against for reporting unsafe food-handling practices, was a victim of breach of contract and is entitled to recover a wage penalty in action filed in Jackson County Circuit Court. Nelson worked for the restaurant from Aug. 1 to Oct. 27, 2010, when he was terminated a week after filing a written request for correction of conditions in a prep kitchen. He said he was hired to be executive chef. "I'm not in this thing for the money, I'm in it for the principle," said Nelson. "I was trying to protect the public and my employees' safety." Nelson seeks an estimated total of $88,362, with a jury to determine any actual awards. "We don't have any comment on active litigation," said Dominic Campanella, a Medford attorney who represents the restaurant. "We are planning on vigorously defending the case and will file a responsive petition in due course." The restaurant is owned and operated by Hillary Kemmling and Mel and Brooke Ashland, her parents. "Tim's allegations are entirely false. He was a disgruntled employee who was dismissed for cause," said Brooke Ashland. "There is no validity to any of this." During his employment, Nelson said, he voiced concerns about the prep kitchen, which is located in a separate building from the restaurant. He said there was a need for running water, installation of gas lines to replace propane cylinders for cooking and a lack of smoke alarms. Water was only available from a hose at that time, he said. Nelson's Oct. 20 request for an action plan was also signed by sous chef Nick Roberts and head line cook Adam Fowler. Scores of 95 in October 2010 and 90 in March were given to the restaurant for inspections by the Jackson County Health Department. The best possible score is 100 and less than 70 is failing. Use of the prep kitchen was approved by the Jacksonville Planning Commission on April 13 after the City Council gave temporary permission for the use on March 17. Jackson County's Health Department had issued a stop-work order for activities in the prep kitchen during mid-March when it learned the facility was not approved and lacked proper permits. The prep kitchen had operated since the restaurant's opening, Sept. 1, 2010. Before filing the suit, Nelson had filed a complaint of unlawful discharge with a state agency. Oregon's Bureau of Labor and Industry issued a notice of substantial evidence determination in favor of Nelson on March 16. It concluded Nelson's Oct. 20 letter was a causal factor in his termination. BOLI attempted to settle the matter but Nelson withdrew the complaint in April to pursue court action. A jury trial has been set for May. By Tony Boom MailTribune.com By Tony Boom Posted Sep. 11, 2011 at 12:41 AM Updated Sep 11, 2011 at 3:41 AM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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