Palm Bay eatery struggling to recover after former employee's social media posts

J.D. Gallop | Florida Today

Show Caption Hide Caption Checkers gets a bum rap after social media post Allegedly a disgruntled former employee put up a false story on Facebook about the Palm Bay Checkers, hurting the business.

For decades, Palm Bay residents cruised through the retro, stainless steel décor of Checkers' drive-thru to satisfy cravings for fresh, grilled burgers and thick, oil-kissed fries.

Then in May, with the social media posting of what restaurant owners said was some out-of-context photos by a former employee, the eatery took a hit.

Alan Balen, one of the restaurant's Michigan-based owners, said the pictures, which showed rodents, bugs, and a kitchen in disarray, were taken three years ago after damage from Hurricane Matthew.

"They created a picture of a business I would not eat at. It was just not true, this store is extremely clean,” Balen said.

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The Checkers restaurant at 4840 Babcock St. lost just over $240,000 in projected sales after the photos were posted to the former employee's Facebook page, according to restaurant owner IB Checkers in a lawsuit filed against the former employee, Jennifer Lynn Lawson of Melbourne.

Lawson's graphic description went viral, along with the photos.

“It devastated our business. We lost over 50 percent of our revenue,” said Balen, who filed the lawsuit.

The lost revenue led to a cut in hours and work crews, Balen said. He said the eatery now has 20 to 25 employees, down from over 35.

Brevard County Circuit Judge George Turner ordered Lawson on Oct. 23 to pay $220,000 in damages and $11,300 in attorney fees to IB Checkers, records show.

The company, which owns two other Checkers in Brevard, also got a cease-and-desist order for Lawson to remove the images and her statement from social media.

The problem that continues, restaurant owners said, is Lawson has not taken the undated photos down from her social media, despite the judgment.

“We’re trying to save this store. It’s been a Checkers for 30 years. Now one person with a posting has damaged that,” Balen said. “The ripple effect is huge.”

Court documents show that Lawson, 30, later fired for what the company said was creating a hostile environment and making threats to the manager, had taken photos of cleanup at the eatery when it was flooded and closed as a result of damage from Hurricane Matthew. Owners said she was part of the cleanup crew.

Matthew knocked out power and caused a crawl space beneath the restaurant to flood, bringing rodents. Court records show Lawson passed the undated photos off online as current pictures.

Lawson could not be reached for comment.

The social media post prompted an emergency inspection by state officials in May.

They shut the chain restaurant down May 22 after a health inspector found about five rodent droppings, according to a state spokesman for the Florida Department of Business and Professional Regulation. The restaurant owner said there was an issue with an employee accidentally touching a hamburger bun after handling a raw beef patty and that the droppings were old.

"They were closed because of the rodent droppings, but they came back in compliance. That's usually how it happens. The restaurant owner makes a corrective action and it reopens, sometimes the same day," said Patrick Fargason, spokesman for the Florida Department of Business and Professional Regulation. "It's not unusual."

It reopened May 23 after a health inspection.

Fargason said another health inspection took place Aug. 22.

"Everything looked fine," he said.

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Lawson's social media postings made it seem as if she was talking about a current situation and that was untrue, said Linda Schultz, an operational partner at the restaurant, who started her 40-year career in the fast-food business at age 16 at McDonald's.

As she spoke, workers cooked burgers and handed out orders to customers, maneuvering through the kitchen space, changing out gloves and wearing the required hairnets. Fries were dropped in bubbling vats of oil with the remaining bags quickly placed back in storage.

Bins of fresh toppings sat nearby as cooks dressed the burgers to order.

“This store was unbelievably busy. But because of what she did, we lost customers,” Schultz said.

Balen said the photos are still floating around social media.

"Business owners get hurt by it all the time. Social media becomes weaponized. This was one of the few times that a business responded," said Sara Brady, a public relations specialist representing IB Checkers. "And they took legal action and won."

Contact Gallop at 321-917-4641, jdgallop@floridatoday.com and Twitter @JDGallop