A former Krispy Kreme employee claims he was a victim of retaliation and wrongful termination.
Mohammad “Ray” Mojtabai filed his complaint last month in St. Charles Circuit Court against Krispy Kreme Doughnut Corp. The defendant filed a notice of removal earlier this month to have the case moved to federal court in St. Louis.
According to the original complaint, Mojtabai began working for Krispy Kreme in February 2018 and was a district manager at the time of her termination last year. He says he had a good employment record and was “a high performing manager.”
On March 23, 2023, he says Tom Heinzmann was promoted to Divisional Vice President to whom Mojtabai reported. A few months later, Heinzmann visited Mojtabai’s area. Together, they visited a shop in Memphis, Tennessee.
After leaving the store, Mojtabai says Heinzmann told him a 23-year-old store manager there was “a hot piece of ass.” Mojtabai says he told Heinzmann he was sick for saying that and that he needed to stop making such sexual comments.
Mojtabai says Heinzmann made similar inappropriate and misogynistic comments about other women, and he also says Heinzmann told another GM “these young girls eat up on the power and title I have.”
Soon after the Memphis incident, Mojtabai says Heinzmann visited the St. Louis area and acted “incredibly inappropriately” to one of his young female managers. Mojtabai says he nudged the female manager to leave, and he says he again told Heinzmann the behavior was inappropriate and unprofessional.
“If you don’t like it, you can get the f--- out,” Heinzmann responded, according to the complaint. Mojtabai says he reported the incident to Melissa Chavez with human resources. But he says Chavez did not investigate the issue.
Later in 2023, Mojtabai says Erni Papio was named director of operations and was “another layer” between he and Heinzmann.
In October 2023, Mojtabai says he was pulled from a meeting into a room with Heinzmann, Papio and Chavez and placed on “an entirely retaliatory and unfounded performance improvement plan.”
Mojtabai says the PIP was in retaliation for his reports about Heinzmann and his protection of young female managers from Heinzmann. But he says he ended up not receiving the PIP at that time.
Instead, Mojtabai says he called Chris Bass, his original supervisor who now was a vice president, to tell him about the situation with Heinzmann. Bass said he would speak to Heinzmann and Chavez “because they all handled this situation poorly and should certainly not have pulled plaintiff out of the conference.”
In January 2024, Mojtabai says he received a call from Papio, who was in St. Louis and wanted to visit shops with Mojtabai.
When Mojtabai arrived at Papio’s hotel, he says Chavez and Papio placed him on a PIP and offered him a severance “to walk away from the company.” If he didn’t sign the severance, Mojtabai says he was told it wouldn’t be offered again.
On April 4, Mojtabai says Papio called to say he was visiting St. Louis again and wanted to meet. On April 8, Papio fired Mojtabai when they met at a hotel airport. Mojtabai says he signed the severance “under coercion and duress.”
Mojtabai accuses Krispy Kreme of retaliation in violation of the Missouri Human Rights Act. He seeks a declaration that the defendant engaged in unlawful employment practices and violated his rights.
He seeks reinstatement or front pay as well as compensation for all losses and damages suffered, including past and future lost income, hedonic damages, emotional distress damages, other lost financial benefits of employment and other compensatory damages. He also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
Mojtabai is being represented by S. Cody Reinberg of HKM Employment Attorneys in St. Louis.
In its notice of removal in federal court, Krispy Kreme denies liability. It is being represented by Katrina Y. Morgan and MaryAnne Quill of Jackson Lewis in St. Louis.
U.S. District Court for the Eastern District of Missouri case number 4:25-cv-00048