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Home > Blogs > Taste: Dayton food and restaurants > Archives > 2009 > June > 11 > Entry
Duke’s employees say they’re in limbo — and they’re still looking for their last paycheck
WEST CARROLLTON — Frustrated employees of Duke’s restaurant say they feel they’ve been punched in the gut twice: First a month ago when a judge ordered their restaurant to close pending the outcome of a federal lawsuit, and again in recent days when they’ve been unable to obtain their paychecks for their final week of work prior to the shutdown.
More than a dozen employees of Duke’s gathered at the restaurant Thursday afternoon, June 11, to voice their displeasure over pay they say is owed to them. The employees said they received promises from Duke’s owner Reece Powers III that they would receive their paychecks on June 1, then on June 8, but they still have not been paid. Several also said they have postponed job-hunting because Powers told them the restaurant could reopen at any time. Attorneys for Powers tried twice, unsuccessfully, to persuade U.S. District Judge Thomas M. Rose to lift his earlier order to close the restaurant.
“I’ve been given the runaround,” said Darcy Tucker, a 38-year-old Kettering resident who worked at Duke’s as a cook. “We have kids, we have bills that need to be paid.”
Powers could not be reached Thursday, although he did make a brief appearance at the restaurant as the group of employees was being interviewed in front of the building. Powers entered the front door, exited a few minutes later, and drove away without talking to employees or a reporter.
One of Powers’ attorneys, Steven Dankof Sr. of Dayton, said Thursday, “The situation as it has unfolded has effected a hardship on a number of people, including my clients and presumably on the employees of Duke’s.” He declined to comment further.
Samantha Patterson, a 23-year-old Miami Twp. resident, said she needs the paycheck and documentation that the restaurant is closed to help her get prenatal care and pay other bills. She is pregnant with her first child.
“There are a lot more people involved than what they see in that courtroom,” Patterson said about the trademark-infringement lawsuit that prompted Duke’s closure. “I’m not asking anyone to take pity on us. But at least take us into consideration.”
Judge Rose ruled that Powers and other defendants in the lawsuit filed by former Dominic’s restaurant owner Anne B. Mantia violated the terms of his temporary restraining order when they opened the restaurant May 1. Powers had incorporated a business called “Dominic’s Restaurant Inc.,” and some of the restaurant’s fax machine time stamps and credit-card receipts used the Dominic’s name. Powers has filed written testimony that all of those Dominic’s references have been eliminated, and he has dissolved the “Dominic’s” corporation.
A hearing for a preliminary injunction is scheduled for June 22.
Permalink | Comments (39) | Post your comment | Categories: Local restaurant news
Comments
By a cook
June 22, 2009 10:18 PM | Link to this
Maybe you should pratice wht you preach.Your asking Dukes not to make Italian dishes, so follow your adivce aquite making salad dressing, it sucks!By Are you kidding me?
June 16, 2009 11:13 AM | Link to this
How can anyone justify Reece’s actions? Then to say he is an upstanding man? What kind of “man” lies to their employees week after week? I hope for the sake of West Carrollton that the restaurant never opens. All the deceiving people running it should be punished for these illegal actions. The State of Ohio Division of Labor has already been contacted and justice will be served.By Are you kidding me?
June 16, 2009 11:12 AM | Link to this
How can anyone justify Reece’s actions? Then to say he is an upstanding man? What kind of “man” lies to their employees week after week? I hope for the sake of West Carrollton that the restaurant never opens. All the deceiving people running it should be punished for these illegal actions. The State of Ohio Division of Labor has already been contacted and justice will be served.By Kevin J
June 15, 2009 2:13 PM | Link to this
Judge is out of line and flat out wrong. Recipe patents are generally not enforceable. Companies like KFC, Coke, etc. use the premise of “Trade Secret” to protect their recipes. I see nothing unique enough in any of the Dominics recipes to qualify them as patentable or even as a “Trade Secret”. As long as the name “Dominics” is not used “Dukes” should be good to go.By GARY
June 13, 2009 10:34 AM | Link to this
ANNE, YOUR DRESSING SUCKS!AND YOUHAVE THE GALL TO PUT YOUR NAME ON IT. SO WHY CAN’T’U PUT A PHONE NUMBER ON THE LABEL FOR COMMENTS. SO YOUR SO SELF ASSURINGBAD PRODUCTBy glad
June 13, 2009 10:07 AM | Link to this
Boy I’m glad I didni’t get hired there,come off of unemoployment only to goback on. t hanks duke FOR NOT HIRING ME, I HAVE A PASION FOR COOKING NOTFAMILY PROBLEMSBy gh
June 13, 2009 9:58 AM | Link to this
Lets hear for Judge Rose for upholding the law. Now if Reece and company were so smart ,they would have done their homework.They wouldn’t have causedthisplight,anne was only the cataylst.By Concerned
June 13, 2009 12:00 AM | Link to this
Being retired from a payroll background, where are the wage and labor laws - they should come into play here. the employees deserve to be paid for hrs. worked & at the proper amount!By get a clue
June 12, 2009 8:24 PM | Link to this
What do you mean what does paying employees have to do with the judge ‘s ruling. Iknowaliarwheniseeone you don’t have a clue about business, it has EVERYTHING to do with it. This isn’t about Reece this is about Anne and Christy and Christy is out of the picture and Anne isn’t capable of running a restaurant obviously or it would still be open. Another interesting fact Christy received a mere 450,000 compared to the MILLIONS Anne received from Miami Valley Hospital. Anne you are an old gold digger move on.By Patient
June 12, 2009 5:09 PM | Link to this
Yes we need to be patient I think that it is funny because when we do open they wont have a job.reece did you guys a favor half of you had no experience.so you are going to regret what you did when we do open and everything is back to normal.By Patient
June 12, 2009 5:09 PM | Link to this
Yes we need to be patient I think that it is funny because when we do open they wont have a job.reece did you guys a favor half of you had no experience.so you are going to regret what you did when we do open and everything is back to normal.By IKNOWALIARWHENISEEONE
June 12, 2009 4:12 PM | Link to this
If he is not allowed to re-open, he won’t pay anyone.What does his court case have to do with the money he owes his employees?By Interesting...
June 12, 2009 12:19 PM | Link to this
First we had the whole “You can open, if you stop serving Italian food.”, now Annie is causing more stress to the people involved by keeping Duke‘s closed when they are clearing trying to steer clear of the Dominic’s name. Someone mentioned below about her even putting her daughter up for adoption, I thought it was funny when I was told that her attorney was actually the husband of that daughter. I guess that’s the only way she can keep it up, I don’t think any other non relative lawyer would entertain keeping a business closed or trying to stop Italian food from being served.By Duke's Employee
June 12, 2009 11:53 AM | Link to this
ok one more comment, what is wrong with you all? You all are acting just as bad as ann or who ever she is…. I know people want there money and you will get it.By Try this again
June 12, 2009 11:52 AM | Link to this
Ok, I know that as soon as someone starts mentioning Reese Powers in a negative light the posts somehow get removed but I have to try again. Reese is a scandolous swindler and is never going to change. His business attempts almost always end inciourt battles that he loses! Check the records people Reese is a hustler!!!By Duke's Employee
June 12, 2009 11:50 AM | Link to this
OK i am a loyal employee of Duke’s. I am going to tell you all, Reece is an up standing man, he had paid me and several others in the company.Reece has put his own things on hold so we can have our checks. not everyone may have gotten them all at once, but they are going to reciece them. So what he may have known the fact is i have all the faith and confidence in Reece and in the company.. when we open again, you all will b e looking and saying i should have been patient. Man what is wrong with everyone?? I too have bills to pay, I know things are going to be made right …. REECE i am on your side. waited…. Be patient,By Duke's Employee
June 12, 2009 11:45 AM | Link to this
OK i am a loyal employee of Duke’s. I am going to tell you all, Reece is an up standing man, he had paid me and several others in the company…. He hasBy R J..Miamisburg, Oh
June 12, 2009 11:17 AM | Link to this
Figures some asp would blame it all on Bush. DID Bush sue Dukes? Did Bush sign away naming rights? UHH NO. Yet he is getting blame for it! Get a life.By jane
June 12, 2009 9:55 AM | Link to this
For “Dukes” employees-The “Dukes” name has nothing to do with it- this case was in federal court long before the restaurant opened it’s doors. Christie Mantia was well compensated to refrain from using the Dominc’s name and recipes and she chose to ignore her legally binding agreement with Anne Mantia. As far as jobs, aren’t there enough restaurants in Dayton? And there in Dayton?By John
June 12, 2009 8:39 AM | Link to this
If it wasnt for Anne, these people would still have jobs and be able to pay bills. I hope she is happy for what she has caused.By fed up
June 12, 2009 12:49 AM | Link to this
I am so done with this! This is not news DDN! My family went to Duke’s (or whatever) on Mother’s Day. The food was good, the service sucked, but it was mother’s day after all.. I hope they reopen because the food was tasty and we can use more jobs around here, but even though anne was an idiot, Christy isn’t any better. The judge is doing his job by upholding the law. They had a court agreement and it was broken. Get over it alreadyNo one said anything when Christy was paid off for the family name, why is it a big deal now. She legally couldn’t use it and should not have tried. I think I’ll go to the new Grubsteak location. They are close, the food is excellent, and the lunch prices are unbelievably good!By BTW
June 11, 2009 11:37 PM | Link to this
Annie’s actions are no surprise to me… just more of the same. I have known Annie for too many years. She has always put money above all, including family. Every since she move here from Kentucky years ago, after putting her daughter up for adoption, she has been chasing the almighty dollar. The trouble with this is it has never a dollar she earned. Her extensive work history of coat check girl and bar maid (of all places Duke’s Golden Ox) never quite satisfied her tastes. So Annie made a practice of seeking out much older, much richer men. Once she got a hold Dick Mantia she soon realized all of her financial troubles were over. Unfortunately for the Mantia’s their trouble had just begun. After Dick’s death Annie’s constant fighting with Christy Mantia eventually pushed Christy out of the family business she grew up in and loved. What took the Mantia’s close to 50 years to establish, Annie managed to ruin in 2 years. I am offended, but not surprised she is now trying to ride this gravy train again through this law suite. It is time to let it go Annie. You, Betty Greenwood and the other ‘girlfriends’ need to find something else to occupy your time…By FreedomWriter
June 11, 2009 10:54 PM | Link to this
DDN why the hell are you draging this particular story thru the mud, i mean who the hell cares. Its a damn court case. Let the Judge deceide this case. Not the opinions of the posters on here!By bob
June 11, 2009 9:23 PM | Link to this
kncjr - you want the judge to just make up the rules as he goes? We should admire Judge Rose for following the law, rather than making up his own.By dude
June 11, 2009 9:14 PM | Link to this
to kncjr and all…there is no such thing as a “better Judge”. they are all self righteous hypocritic liars and theives who have as bout as much command sense as atoothpick!By BOROMAN
June 11, 2009 9:04 PM | Link to this
As far as who is to blame for this unfortunate situation… I’d “Blame it on the Bassanova”.By BOROMAN
June 11, 2009 9:00 PM | Link to this
The simple solution is to reopen it under the name of “Dom and Nicks”. Case closed.By ALNL
June 11, 2009 8:39 PM | Link to this
Thank a lot! I worked for Duke’s and thanks to all of this nonsense I am not getting my paycheck today. I know Reece will pay me because he has been honest with me all along; he did what it took to pay us our last check, but come on, I have to wait a couple of days to get paid because of some supposed ‘technicality’. This has gone on way too long and I really don’t get it. I worked at Duke’s since the very first week and we have always been Duke’s. Duke’s on the menu, Duke’s on the sign, Duke’s when we answer the phone and everything else. This really makes no sense to me. I get a job I enjoy, working with people who I trust and the doors close. Aren’t there enough companies closing and jobs lost right now? Can we please get this cleared up so we can all go back to earning a living. In today’s economy it is not like jobs are falling at people’s feet. Please let’s get this resolved soon.By Jane
June 11, 2009 8:19 PM | Link to this
As far as rescinding alliances- too late. The truth is that the restaurant was to open using the original recipes and marketing it as such to customers. This is not a secret.By Jane
June 11, 2009 8:17 PM | Link to this
If it was not an independent venture then why bring in people from Dominics? I KNOW what was really going on FIRST HAND as far back as January, maybe even December.By A Simple Observation
June 11, 2009 7:50 PM | Link to this
Don’t hold your breath waiting to vote against Judge Rose, US District Court Judges are appointed not elected. If you don’t like him you’ll have to take it up with G. W. Bush, that’s who appointed him. W’s legacy will haunt us all for a very, very, very long time.By localguy
June 11, 2009 7:43 PM | Link to this
The restaurant never opened as or displayed a Dominic sign. They rescinded any alliances with Christie. Jerk Rose is brandishing his ego and not judicial restraint by being punitive with impunity. Ergo Jerko. If Reece were to issue checks or have any contact with employees this idiot judge would construe it as a de facto effort to reopen. He’d risk being jailed for contempt by this opprobrious autocrat posing as a public servant [I say SERPENT]By Jane
June 11, 2009 7:19 PM | Link to this
That is why the Dominic’s name was being used in the first place. Anne Mantia is within her rights and Reece and company are liars.By Jane
June 11, 2009 7:15 PM | Link to this
The original intent of the restaurant was that it was to be a revival of Dominics using the original recipes. I knew this back in January. Reese needs to tell the truth.By crazybuckeye
June 11, 2009 7:01 PM | Link to this
localguy,if Reece hadn’t used the name Dominic’s the restaurant would still be open.By Barry
June 11, 2009 6:39 PM | Link to this
there should be some way that the employees can get their paychecks from the judge, he is the one that has this place closed down. next nov I am going to vote against him if he is running for office againBy truthdetector
June 11, 2009 5:28 PM | Link to this
Perhaps for the next court date (June 22, as stated above)all the employees could be in court. However, they are not currently part of the case, so they wouldn’t be heard in court. The court case is between Anne and Duke’s. And Duke’s (or whatever it’s called now) has acted more like a toddler than a business owner. Maybe the best course for the employees is a class-action lawsuit against Powers, as they appear to have been used as pawns in a war-game environment with Anne. (Before and since the ‘departure’ of Christie.) Or cut your losses, and move on if you can. Sounds like an episode of “As the Stomach Turns,” as heard on the James Francis Patrick O’Neal show on WLW many years ago.By kncjr
June 11, 2009 5:16 PM | Link to this
This has been an ugly mess that’s actually getting tired. The judge should have imposed some rules that would have allowed Duke’s to reopen and save a few jobs. I believe Duke’s made mistakes but something could have been worked out by a better judge.By localguy
June 11, 2009 5:02 PM | Link to this
If the checks were written on a Dominic’s account, Reece would be in contempt, of Jerk Rose’s order. Thank him and don’t blame Reece.