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Rapist Sues After McDonald's Firing

Man Claims Sex Offender Information Misused

POSTED: 6:44 am EDT April 2, 2008
UPDATED: 11:59 am EDT April 2, 2008

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A convicted, Level 3 sex offender is suing McDonald's for firing him, and also the woman who reported him to the restaurant chain, saying the Sex offender registry law rules were violated. Has he got a case or not?
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A Level 3 sex offender who was convicted of rape is suing McDonald's and a Tewksbury woman after he was fired from his job at the fast-food restaurant when she reported him to the restaurant's manager.

Scott Gagnon, 50, of Tewsksbury, said Andrea Quinn violated Massachusetts' Sex Offender Registry Board laws by using information posted on its Web site to get information about him and notify his employer.

Gagnon filed a lawsuit Monday in Middlesex Superior Court alleging that information on sex offenders from the site cannot be used "to commit a crime or to engage in illegal discrimination or harassments of an offender."

Violation of the law could result in a fine or jail time.

Gagnon spent 27 years in jail after he plead guilty to multiple counts of rape.

His lawsuit is claiming emotional distress and invasion of privacy. He's suing McDonald's for alleged breach of contract. He is asking for a jury trial and unspecified damages.

Gagnon is classified as a Level 3 sex offender, which is the category considered most likely to re-offend.

Gagnon's lawyer, William Korman, claims that by reporting him Quinn committed a crime.

Quinn told the Boston Herald that she was concerned about her 13-year-old son, who visits the McDonald's where Gagnon was working and she didn't mean for Gagnon to lose his job.

The company that owns the McDonald's, Napoli Group LLC of Windham, N.H., said in a statement Tuesday, "The safety and well-being of our customers and employees is a top priority. We take these matters seriously."

The owner, Peter Napoli, told the Herald company policy prohibits the hiring of sex offenders.

Gagnon's lawyer said he was hired in September to work in the kitchen but not the counter, according to the suit. He said Gagnon told the McDonald's about his sex offender record and he was hired anyway.

He said Gagnon had done his job without any complaints and was a "shining example" of a person doing what he was supposed to do.

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