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More than three years after getting fired for urinating in a drain at work, ex-Detroit Red Wings Zamboni driver Al Sobotka heads to trial this week in Wayne County Circuit Court, where he hopes to convince a jury that he was wrongfully axed from a job he held for 50 hockey seasons.
A jury of five women and three men was seated on Tuesday, Oct. 7 in the high-profile employment dispute, which pits a beloved Zamboni driver and octopus twirler and hurler against a multibillion-dollar entertainment company.
Sobotka is suing Olympia Entertainment, alleging he was let go because the higher-ups at the company thought he was too old, and used the 2022 peeing debacle as an excuse to get rid of him. Moreover, he alleges the company engaged in a cover-up by having an executive who knew nothing about him fire him, just so they could wall off another executive who allegedly called him “old” just weeks before the incident, and then replaced him with a 37-year-old underling after he was fired.
According to court records, Sobotka’s younger replacement was hired in at the exact same salary that it took Sobotka five decades to attain: $81,000.
Olympia Entertainment maintains in court records that Sobotka was fired for “egregious misconduct” that he admitted to, and that his age had nothing to do with it. It also argues the following: “Olympia has a right not to have its employees urinating in its building other than in a restroom.”
Olympia Entertainment has tried multiple times to get the lawsuit thrown out. But the courts — including the Michigan Supreme Court — have rejected those requests, concluding Sobotka’s case should be decided by a jury.
Sobotka was fired in February 2022 at the age of 68 after an ice rink employee saw him urinating in an ice drain in the Zamboni room, then reported it to human resources. Sobotka, though, maintains he urinated in the drain because he has a prostate issue and couldn’t hold it.
Sobotka begged to keep his job, and even texted the most powerful man at the company, Christopher Ilitch, one day after his firing, pleading for help
“Chris, I’m sure you heard that I was terminated,” Sobotka texted Christopher Ilitch, president and CEO of the Detroit Red Wings and its massive parent company, Ilitch Holdings. “I don’t think I deserve it. After 50 seasons of hard work, countless hours, holidays, missing out with the family … I would hope you had it in your heart for another chance.”
The text, which was sent to Ilitch’s personal cellphone on Feb. 18, 2022, continued:
“I would love to go (out) on my own and retire. I have much respect for you and your family … I’m begging you, this is killing me.”
Ilitch never responded.
Ilitch is not expected to testify at Sobotka’s trial. In a 2022 deposition, Ilitch said he chose not to respond to Sobotka’s plea for help because “I rely on our HR professionals” and “business leaders” to handle such matters. He also said that he supported the firing, stating: “I agreed with the decision that was made … Al’s behavior in this instance was highly, highly inappropriate.”
Sobotka disagrees. Moreover, he alleges that Olympia asked him to sign a nondisclosure agreement and offered him a severance package, including three months’ pay, but he declined the offer and refused to sign the NDA.”They all know I was done wrong,” Sobotka said in a prior interview with the Free Press, struggling at times to discuss the incident.
“It’s in my head, 24/7, ya’ know,” Sobotka said. “I have nightmares.”
He continued:
“What I did is really not that bad,” Sobotka said. “I’m very disappointed. I was always loyal to them. I never had any issues with the (Ilitch) family. Anything I was ever asked to do, I did it — and more.”
He added:
“I’m devastated,” Sobotka said. “You try to say, ‘Let it go. Let it go.’ But it just keeps coming back.”
The judge overseeing the trial is Wayne County Circuit Judge Susan Hubbard, who previously concluded that a jury should hear Sobotka’s case “given the severity of the discipline.” In other words, Sobotka could have been warned, temporarily suspended, asked not to do it again or written up over his conduct. Those are all options that his lawyer, Deborah Gordon, argues could have been taken instead of firing.
Michigan, meanwhile, is an at-will state, which means an employer can terminate an employee for any reason, or no reason at all, just so long as the reason is not illegal. For example, it’s unlawful to fire a person on discriminatory grounds, including for race, religion, age, sex, disability or sexual preference. At-will, though, also allows employees to quit a job without any notice, or without any reason.
According to employee-rights attorneys, at issue for Sobotka will be convincing the jury he was fired over his age, not just a behavior issue.
The trial resumes at 9 a.m. Wednesday. Sobotka’s supervisor is expected to take the stand, along with two other executives involved in his firing.
Contact Tresa Baldas: tbaldas@freepress.com