Lawsuit filed on behalf of 16-year-old employee who alleges sexual assault while working at Iron Mountain McDonald’s

A lawsuit has been filed in federal court against Kilian Management Services
Published: Feb. 1, 2023 at 2:55 PM EST|Updated: Feb. 2, 2023 at 8:34 AM EST
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IRON MOUNTAIN, Mich. (WLUC) - A lawsuit has been filed in federal court against Kilian Management Services, a Wisconsin corporation that owns and operates McDonald’s franchises throughout Michigan’s Upper Peninsula and Wisconsin.

The suit was filed on behalf of a 16-year-old Wisconsin girl who claims she was sexually assaulted by her 36-year-old manager while working at McDonald’s in Iron Mountain, MI.

According to representatives from the employee’s legal team, the manager assaulted and sexually harassed the teenager for two hours before police were finally called to the scene, leading to the manager’s arrest and ultimate conviction on criminal charges.

Representatives also said that the teenage victim, along with one of her female co-workers, had previously reported the same manager for making sexually inappropriate comments, but nothing was done.

“Everyone—but especially teenagers working their first jobs—deserve to feel safe at work,” said Jennifer Salvatore, who represents the Plaintiff. “This employer not only failed to protect my client—but they put a lot of young people in harm’s way by hiring and placing in a management position a person who clearly should not have been in that role.”

The lawsuit was also filed against Brandon Porter, who was an employee of Defendant Kilian Management Services at the time and was the 16-year-old’s supervisor.

According to court documents, Porter began working at the McDonald’s in March 2022 and was hired to supervise minors.

Court documents also state that the plaintiff and another co-worker reported Porter for sexual harassment to her manager, who was training Porter, but claim that no action was taken.

According to the criminal complaint, on March 29, 2022, Porter touched the plaintiff without consent, rubbing her arms, shoulders and lower back. He also allegedly untucked her shirt, pressed his body against hers and rubbed his genitals on her.

Porter allegedly said she would “enjoy” it and that he would make her feel “happier” and “better.”

The criminal complaint says that this conduct went on for two hours and that her manager was present, as well as another manager-in-training.

A coworker eventually called law enforcement. Court documents say that when the police arrived, they determined that Porter was under the influence of drugs and/or alcohol at the time.

Porter was charged with criminal sexual conduct in Dickinson County. As part of a plea deal, he was convicted of aggravated assault.

He was sentenced to 180 days in jail and he did not have to file on the sex offender registry.

The criminal complaint states that the plaintiff sustained injuries and damages including, but not limited to, mental and emotional distress including anxiety, fear, stress, shock, mental anguish, self-blame, humiliation, embarrassment, loss of the sense of security, and the loss of the ordinary pleasures of everyday life.

The plaintiff is suing Kilian Management Services for economic and non-economic damages, attorney fees and costs, punitive damages, and all other legal and equitable relief determined by the Court to be appropriate.