Sergio Bichao

@sbichao

WOODBRIDGE – One of the largest owners of Muscle Maker Grill franchise restaurants is defending against at least two whistleblower lawsuits filed by former managers.

John Marques, a Linden resident who owns and operates several Muscle Maker Grill eateries, has been accused of firing a manager at his Lyndhurst restaurant in retaliation for the employee speaking with a federal labor investigator.

The existence of the federal investigation was confirmed Monday by a spokeswoman for the Labor Department, who said the investigation was being conducted by the department's Wage and Hour Division offices in North and South Jersey.

The most recent lawsuit, filed by Jason Edelstein of Saddle Brook, is at least the second Superior Court complaint against Marques in less than a year.

Last summer the Home News Tribune uncovered a lawsuit by a former manager of a Marques' owned-and-operated Muscle Maker Grill in Edison. In that complaint, which is still pending, Robyn Decicco said she was fired after complaining when Marques instructed her to discard job applications submitted by black people.

Muscle Maker Grill is a franchise company founded and based in the Colonia section of this township. It has has more than three dozen locations in the state and dozens more in seven other states. Marques owns at least a dozen in New Jersey, according to published reports.

On Monday, Muscle Maker Grill founder and chairman Rod Silva distanced himself and other investors from Marques, saying that Marques' employees are not the employees of Muscle Maker Grill.

"MMF and its other franchisees are to the best of my knowledge not involved in any way in this dispute and are not the subject of any such investigation," Silva said.

Marques did not return a call left for him at his Lyndhurst restaurant.

Edelstein said he worked as a manager in the Lyndhurst restaurant from April 2013 until his termination in November of that year.

Edelstein said the Department of Labor scheduled a visit to the restaurant on Nov. 6, 2013.

Marques "strictly instructed the plaintiff not to discuss" Marques' "practice of failing to pay overtime to employees who worked more than 40 hours," according to the lawsuit.

Edelstein said that Marques observed the 30-minute interview — but was not able to hear it — live through the restaurant's security cameras.

After the interview, Marques called the store and questioned Edelstein about what he told the investigator, according to the lawsuit.

Edelstein said he told Marques that he had not reported any violations, but Marques didn't believe him because the interview had taken so long.

Edelstein said he reported this conversation to his supervisors. The day after the interview, one of those supervisors "told him not to punch in" when he arrived because he was "being terminated," the complaint says.

The lawsuit, filed by attorney Kathryn Kyle Forman of Nutley firm Piro, Zinna, Cifelli, Paris & Genitempo, seeks an unspecified amount in damages under the state's whistleblower Conscientious Employee Protection Act.

Decicco's lawsuit in 2013 also made claims regarding wages. She alleges that Marques ordered her to change employee hours on a computer "on the basis that was justified because the cooks were 'illegals.' "

Silva on Monday said he had not read the latest complaint and did not return a request for comment after the Home News Tribune on Tuesday emailed him a copy of the court filing.

Silva, however, said he is not aware of any Labor Department investigations into any other restaurants or franchise owners in his chain.

"These other franchisees have investments, livelihoods and employ many people in various communities. They are good, honest, hard-working people with families and children. They have nothing to do whatsoever with Mr. Marques or his operation," Silva said.

"In the meantime, please know that Muscle Maker Franchising is committed to a diverse and inclusive corporate workforce and a lawful, respectful and fully compliant corporate workplace."

Staff Writer Sergio Bichao: 908-243-6615; sbichao@MyCentralJersey.com