3 minute read

Mackenzie v. Miller Brewing Co.: 1997, 1999, 2000

Corporate Deceit Or A Manager's Incompetence?



Here are the events that led to Mackenzie's suit against Miller:

Mackenzie joined Miller in 1974 when he was 31 years old, taking a grade 7 job. He moved often for the company and climbed the corporate ladder quickly. He reached grade level 14 by 1982. He was assigned to corporate headquarters in Milwaukee.

From 1984 to 1990, Miller experienced downsizing and mergers. In the process, Mackenzie's responsibilities were reduced. In 1989, his position was lowered to grade level 13. Mackenzie said he was not told of the downgrade. His benefits and perks had continued, apparently because his $95,000-peryear position had been "grandfathered" in 1989. Miller also considered him for additional management responsibilities during this period. But Mackenzie alleged that his boss, Robert Smith, sabotaged those chances for advancement by bad-mouthing him behind his back.



Mackenzie remained ignorant of his demotion until 1993 when a memo advised him that all "grandfathered" jobs would no longer receive the perks of the higher level. Mackenzie then realized that since he was in fact a grade 13, his goal of rising to grade level 15 was unreachable.

Mackenzie confronted Smith about the downgrading. Mackenzie claims Smith assured him that all was well with his executive job status.

On the morning of March 18, 1993, while conversing with Best, Mackenzie asked the distributor services manager if she had seen the previous night's Seinfeld episode. She said she had not. Mackenzie told of the plot in which Jerry Seinfeld could not remember his date's name, but that the name rhymed with a female body part. The date's name was Delores. Mackenzie challenged Best to guess the body part. She could not. He then copied a page from a dictionary that defined the body part and showed the copy to Best. Mackenzie expressed his outrage that the episode had passed censors. Best said she did not want to discuss the TV show further.

On March 24, Best told Mackenzie that he had stepped over the line. Mackenzie said he couldn't believe that Best, who he claimed often used vulgar language, would be offended. Best reported this conversation to Mackenzie's current boss, David Goulet.

On March 25, 1993, Mackenzie was "invited" to Miller's law library. There, two Miller attorneys confronted him about the conversation with Best. An hour later, Goulet escorted Mackenzie out of the building and told him never to return.

Soon after he was fired, Mackenzie began working indirectly for Miller under a contract with a corporate organization consultant, Michael J. Mazzoni of Boston. Mackenzie alleged that once Miller learned that he had contacted an attorney to sue Miller, the company forced him out of the contract.

Mackenzie's lawyer Gerald P. Boyle, who had defended serial murderer Jeffrey Dahmer, argued in Mackenzie's civil trial that top Miller officials were "out to get" his client. They used a false complaint by a devious coworker to fire him and ruin his reputation.

Miller's attorneys argued that Mackenzie had past problems with female employees. In 1989, after a secretary claimed that Mackenzie had made sexual advances toward her, Mackenzie settled out of court for $16,000. Miller also argued that Mackenzie had difficulties managing employees. After the 1989 harassment complaint, the company warned Mackenzie that any future problems would mean dismissal.

Boyle in turn claimed that Miller's failure to tell the truth ruined his client's chance to reach his coveted grade 15.

"To fail to tell a man is total and complete deceit," Boyle said. "And for that they must be made to pay."

In a damage award unprecedented in size in the state of Wisconsin, the jury in a unanimous verdict demanded Miller pay Mackenzie $25 million.

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1995 to PresentMackenzie v. Miller Brewing Co.: 1997, 1999, 2000 - Corporate Deceit Or A Manager's Incompetence?, The Appeals Begin