Claim Jumper Assistant Kitchen Managers Overwhelmingly Oppose Class Action.

IRVINE, Calif. -- CWN Management Inc., operator of the Claim Jumper Restaurants, will be asking the Court of Appeal to immediately reverse a recent class certification ruling made in the Orange County Superior Court. The court certified a class of Claim Jumper assistant kitchen managers in a lawsuit filed by a former employee, despite the overwhelming opposition to the lawsuit by assistant kitchen managers themselves who do not wish to participate. Claim Jumper is also exploring the possibility of filing suit against the attorneys who represent that individual, if it determines that the attorneys have made false statements about it.

Despite reports in the media that Claim Jumper "employees" had filed suit alleging that assistant kitchen managers had been misclassified as exempt employees, in fact only a single disgruntled former employee filed suit. Forty-eight assistant kitchen managers have already unequivocally said that they have no interest in participating in the suit. Additionally, nearly one-third of the assistant kitchen managers have already testified under oath that they spend well over 50% of their time engaged in managerial activities and, therefore, were properly classified as exempt employees.

Bill Hustedt, chief financial officer for Claim Jumper Restaurants, stated, "I attended the hearing where the court certified a class, and I could not have been more shocked by the ruling. The court ignored the fact that the overwhelming majority of our assistant kitchen managers testified under oath that they had no interest in participating in the lawsuit. I simply do not understand how a class could possibly be certified when the majority of the class doesn't wish to be a part of it."

Claim Jumper's Chief Operating Officer Robert Ott said, "The fact that so few assistant kitchen managers wanted to participate in this case is a testament that our assistant kitchen managers are an integral part of the management of our restaurants. The assistant kitchen managers are proud to be part of our management team. Although their duties vary from restaurant to restaurant, they spend the great majority of their time engaged in managerial activities. Many have already confirmed that in sworn testimony in this case. The suggestion that they are not really managers, or that we do not pay them properly, is simply wrong. Claim Jumper has been recognized as having the lowest industry average turnover in the full service restaurant category for both management and hourly employees as reported by People Report. That wouldn't happen if we misclassified or mistreated employees."

"I don't believe this lawsuit has nothing to do with the way our assistant kitchen managers are treated," said Vice President of Human Resources Sandra Friend. "In my opinion, this lawsuit is all about lawyers trying to make more money for themselves. The plaintiff's lawyers could care less about our employees. They couldn't even be bothered to spell his client's name right in the lawsuit. I was there and watched him insult our employees, suggesting that they can't understand or read English because they have Hispanic surnames."

"When all is said and done," Ott said, "even if the Court of Appeal doesn't reverse this decision, we have every confidence that a jury in Orange County will determine that Claim Jumper has not violated any laws, particularly when they hear the facts from the assistant kitchen managers themselves. At that time, we will ask that we recover all of our attorneys' fees in this case."

For further comment on this matter, or to obtain copies of the 48 sworn statements from class members, please contact: Robert Ott, COO at [e-mail] or Bill Hustedt, CFO at [e-mail].