Graeme Wearden 

McDonald’s sues former CEO over alleged relationships with staff – business live

Rolling coverage of the latest economic and financial news, as fast food chain tries to recover severance pay from ex-CEO
  
  

A McDonald’s at Boreham, near Chelmsford in Essex.
A McDonald’s at Boreham, near Chelmsford in Essex. Photograph: Nick Ansell/PA

Afternoon summary

Time for a recap

  • Current CEO Chris Kempczinski told staff that Easterbrook had failed to meet company standards, saying:

    “McDonald’s does not tolerate behavior from any employee that does not reflect our values. These actions reflect a continued demonstration of this commitment.”

  • World stock markets have rallied, on hopes that the economic picture is brightening. On Wall Street, the Dow Jones industrial average has hit a five-month high after Donald Trump signed controversial executive orders to extend support for Americans hit by the pandemic.
  • European markets also posted small gains, with travel companies, banks and retailers doing well.

    In London, the FTSE 100 ended 18 points higher at 6050, a rise of 0.3%, with investors shrugging off the news that Beijing was imposing sanctions on 11 Americans including senators Ted Cruz and Marco Rubio.

Goodnight. GW

Full story: McDonald's sues ex-boss for allegedly hiding sexual relationships with staff

Here’s my colleague Ed Helmore on the allegations against McDonald’s former CEO:

Steve Easterbrook, the British former chief executive of McDonald’s, is being sued by the company in an attempt to recover tens of millions in compensation and severance payments after new allegations of sexual misconduct emerged against him.

Easterbrook, who was fired from the company last November over a relationship with an employee, allegedly hid details of three other “physical sexual relationships” with employees in the year before he left the company, according to a lawsuit filed in Delaware.

At that time, McDonald’s listed his termination as “without cause”, signalling that the Chicago-based company considered Easterbrook’s transgressions insufficient to prevent him from receiving exit payments. Easterbrook apologized and stepped away with stock awards worth more than $37m, as well as about $675,000 in severance pay.

The McDonald’s lawsuit, filed against Easterbrook on Monday accuses him of lying, concealing evidence and fraud. The fresh allegations against him, the company said in a securities filing and a document lodged with the Delaware court of chancery, came to light via an anonymous tipster last month.

The company – which, in the complaint, invoked founder Ray Kroc’s philosophy that employees should be “ethical, truthful and dependable” – said it would have terminated Easterbrook “for cause” if it had known the extent of his “inappropriate personal behaviour”.

More here:

Back in the City of London, the FTSE 100 has closed 18 points higher at 6050.

Travel stocks, banks and retailers had a good day, with IAG jumping 8.6%, Rolls-Royce up 5%, JD Sports rising 3.8% and NatWest gaining 3.1%.

But tech stocks and pharmaceuticals lagged, with Hikma down 4% and Sage losing 2.6%.

Shares in McDonald’s have dipped slightly, down 0.25% to $204.11, as traders digest the lawsuit against Easterbrook.

That makes the fast food company the second-biggest faller out of the 30 major companies on the Dow Jones industrial average (Microsoft is the worst performer, down 2.3%, as tech stocks have a bad day).

But overall, the Dow is up 0.7% or 198 points at 27,631 -- on track to close at its highest level since February. It’s now recovered most of its pandemic losses, down just 3% for 2020.

The Financial Times reminds us that Steve Easterbrook made headlines more than a decade ago, when he criticised the cliché that working at the fast food chain was low-paid and unrewarding.

A cricket-playing Watford Grammar schoolboy credited with turning around McDonald’s business in Europe before getting the top job in 2015, Mr Easterbrook was known as a strident defender of the company.

In 2006, while running its UK operations, he asked the Oxford English Dictionary to change its definition of the phrase McJob from “an unstimulating, low-paid job”.

Updated

Here’s a video clip of CNBC outlining McDonald’s lawsuit, just after the news broke:

McDonald’s is hoping to recover ‘tens of millions of dollars’ from its former CEO, says Bloomberg:

McDonald’s Corp. sued ousted leader Steve Easterbrook, seeking to recover tens of millions of dollars in severance pay after discovering evidence he had sexual relationships with multiple employees, tried to cover it up and arranged for one worker to get a lucrative stock award.

His termination last fall over an improper relationship shouldn’t have included severance pay because he “concealed evidence and lied about his wrongdoing,” the company said in a filing.

More here: McDonald’s Sues Former CEO to Recover Severance Pay

Updated

Back on the economic beat, the number of US job opening has unexpectedly jumped.

There were 5.89m available positions in June, the Labor Department reports, up from 5.37m in May. That suggests America’s economy strengthened as its lockdown eased - as last Friday’s encouraging jobs report also showed.

Here’s the crux of McDonald’s case:

Had the Board known on November 1, 2019 what it learned in July 2020 regarding Easterbrook’s conduct as CEO, it would not have approved the Separation Agreement and would have instead terminated Easterbrook for cause.

And had Easterbrook not deleted evidence from his phone and lied to the Board and its investigators in October 2019, the Board would have known the full record of his conduct when it considered the terms of his separation.

As a result, the company is seeking ‘compensatory damages’, or for Steve Easterbook to return the cash and stock awards which he left with last year.

McDonalds also alleges that Steve Easterbrook approved a valuable package of stock to one of the employees, during their relationship:

The lawsuit states:

The date and time stamps of the photographs of Employee-2 also conclusively show that Easterbrook approved a special discretionary grant of restricted stock units—worth hundreds of thousands of dollars—to Employee-2 shortly after their first sexual encounter and within days of their second.

Updated

McDonald’s lawsuit explains that it received allegations about Steve Easterbrook’s conduct in July (eight months after he had been dismissed over a consensual relationship with an employee)

An investigation found evidence of sexual relationships with three other employees, including videos and photographs, the company alleges:

In July 2020, the Company received an anonymous report alleging that a McDonald’s employee (“Employee-2”) engaged in a sexual relationship with Easterbrook while he was CEO.

An internal investigation into this allegation discovered photographic evidence that, while he was CEO, Easterbrook had engaged in a physical sexual relationship not only with Employee-2, but also with two other Company employees in the year before his termination. That evidence consisted of dozens of nude, partially nude, or sexually explicit photographs and videos of various women, including photographs of these Company employees, that Easterbrook had sent as attachments to messages from his Company e-mail account to his personal e-mail account.

The date and time stamps on the photographs of the three Company employees show that the photographs were all taken in late 2018 or early 2019.

McDonald’s adds that Easterbrook had deleted these emails from his company phone - but that had not removed them from the company’s servers.

Updated

McDonald’s sues former chief over alleged sexual relationships with staff

Fast food giant McDonalds is suing former CEO Steve Easterbrook for allegedly conducting “physical sexual relationships” with three employees, and misleading their board about them.

In a new lawsuit, McDonalds accuses Easterbrook of concealing evidence about the relationships, and lying about them, when he was investigated last year.

Watford-born Easterbrook was dismissed by McDonalds last November after admitting a non-physical, consensual relationship with a colleague. He left with a “without cause” agreement reportedly worth around $40m - and now McDonalds wants that money back.

In a bombshell filing to the SEC, McDonalds alleges that Easterbrook concealed evidence about a further three relationships, and lied about his wrongdoing.

Recently identified evidence shows that Easterbrook had physical sexual relationships with three McDonald’s employees in the year before his termination; that he approved an extraordinary stock grant, worth hundreds of thousands of dollars, for one of those employees in the midst of their sexual relationship; and that he was knowingly untruthful with McDonald’s investigators in 2019.

These actions constitute breaches of Easterbrook’s duties to McDonald’s. Had Easterbrook been candid with McDonald’s investigators and not concealed evidence, McDonald’s would have known that it had legal cause to terminate him in 2019 and would not have agreed that his termination was “without cause.” Accordingly, McDonald’s brings this action to redress the injuries it has suffered by virtue of Easterbrook’s fiduciary breaches and deceit.

McDonalds is now bringing an action against Easterbrook in the Court of Chancery of the State of Delaware to recover compensation and severance benefits that would not have been retained, had he been terminated for cause.

McDonald’s current CEO, Chris Kempczinski, has emailed staff about this development.

In a message titled “Adhering to Our Values”, he writes:

We recently became aware through an employee report of new information regarding the conduct of our former CEO, Steve Easterbrook. We now know that his conduct deviated from our values in different and far more extensive ways than we were aware when he left the company last year. While the Board made the right decision to swiftly remove him from the Company last November, this new information makes it clear that he lied and destroyed evidence regarding inappropriate personal behavior and should not have retained the contractual compensation he did upon his exit. As such, the Company, at the direction of the Board of Directors, has filed litigation to recover the compensation he retained upon his departure from McDonald’s and align his exit payout with a “for cause” termination.

McDonald’s does not tolerate behavior from any employee that does not reflect our values. These actions reflect a continued demonstration of this commitment.

Updated

The US central bank has just announced how much more capital America’s largest banks should hold to absorb future losses.

Reuters has the details:

The U.S. Federal Reserve announced Monday how much each large bank that underwent its 2020 stress tests will have to hold in additional capital.

The results mark the first time the Fed has given out custom capital requirements for each bank under its new “stress capital buffer,” and takes effect on October 1.

Goldman Sachs and Morgan Stanley were ordered to hold the most capital of the 34 firms tested, with ratios of 13.7% and 13.4% respectively.

Here’s the announcement.

Shares in Italian football club Juventus have slumped today after the Old Lady crashed out of the Champions League.

Investors hit the sell button after France’s Lyon dumped Juventus out of the competition on away goals on Friday night.

This sent Juve’s shares down 6% today to €0.86, on disappointment that the club won’t at least make the quarter-finals. Winning the competition worth €19m.

Here’s our news story on the early success of the Eat Out to Help Out scheme:

Royal Caribbean posts $1.6bn loss amid Covid pandemic

Just in: Cruise operator Royal Caribbean has posted a steeper loss than expected, after being forced to stop sailings due to the pandemic.

Royal Caribbean Group made a net loss of $1.63bn for the April-June quarter, down from a profit of nearly $480m a year ago.

Revenues from tickets and onboard spending slumped to just $175m, down from $2.8bn. During the quarter, it carried just over 20,000 people, down from 1.66m in the second quarter of 2019.

On an adjusted basis, the company made a net loss of $6.13 per share, down from a profit of $2.54 per shares a year ago. That’s worse than expected.

The company, understandably, blamed the impact of Covid-19, reminding shareholders that:

Starting on March 13, 2020 and due to the COVID-19 pandemic, the Company suspended its global cruise operation. This resulted in the cancellation of all of the Company’s second quarter sailings.

But having lined up additional credit facilities and boosted its liquidity, Royal Caribbean insists it is ‘well positioned’ for the economic recovery.

Jason T. Liberty, executive vice president and CFO, told investors:

We continue to take substantial actions to bolster our financial position.

We have accessed the capital market in an opportunistic manner and continue to aggressively manage our spend. We are prepared to navigate a volatile period while making decisions that position the Company well for the recovery.”

El-Erian: Global economy at risk of repeating 2008 mistakes

Mohamed El-Erian, chief economic adviser to Allianz, has warned that the world’s biggest economies risk repeating the mistakes of the global financial crisis.

The key to the recovery, he says, includes reopening economies in a healthy, responsible manner while also tackling longer-term household insecurity and productivity problems.

Financial News has the details:

El-Erian, the former Pimco chief executive, told Financial News that while global economies remain at risk of stumbling into a depression, avoiding policy errors of the 2008 economic meltdown should be a top priority.

“It [global depression] remains a risk but one that can be reduced through appropriate government policies and healthy behaviour modifications by individuals,” said El-Erian, who is also a former deputy director of the International Monetary Fund.

“The bigger risk facing the global economy is a repeat of the policy mistake of the global financial crisis: that of winning the war against the threat of a global depression but, importantly, failing to secure… high, inclusive and durable economic growth.”

El-Erian also warned that the UK may not recover as quickly as policymakers hope...

The Bank of England last week revised down its forecast of contraction to 9.5% this year – the biggest annual decline in 100 years – from its initial May estimate of a 14% decline.

The bank also predicted the country’s GDP recovering in the third quarter.

“It is possible but inherently uncertain,” said El-Erian.

More here: El-Erian: Global economy at risk of repeating mistakes of the 2008 financial crisis

After a quiet but choppy morning’s trade, European stock markets are all showing steady gains.

The jump in Chinese factory prices, and Saudi Aramco’s optimism for oil demand, helped to lift stocks - building on Friday’s gains after the strong US jobs report.

However, there are also concerns over US-China relations after Beijing slapped unspecificed sanctions on 11 Americans.

  • FTSE 100: up 30 points or 0.5% at 6063
  • German DAX: up 38 points or 0.3% at 12,713
  • French CAC: up 27 points or 0.5% at 4,917

AJ Bell investment director Russ Mould warns that we could still see volatility this month:

The US jobs release reaffirmed its credentials as one of the most influential bits of economic data as Friday’s better than expected picture helped set the tone for the start of this week.

“The FTSE 100 was more than 1% higher and within touching distance of the 6,100 mark as investors brushed off mounting tensions between the US and China and fears of a second wave in the coronavirus pandemic.

“However, any gains feel fragile at the moment and amid the thinner trading volumes typically seen over the summer, it may be that there is more volatility on the way.

“Gold remained above $2,000 per ounce, reflecting the nervousness which continues to simmer away in the background.

Modular housing company Etopia Group says it has become the world’s first carbon neutral housebuilder, and has become a member of the United Nations climate neutral now initiative.

The firm, which is currently building 47 new homes in Corby, Northamptonshire, has calculated and published its current carbon footprint, including international air travel, and its plans to reduce it.

Etopia, which counts the billionaire Reuben brothers among its investors, directly offsets its current carbon emissions using UN certified emission reductions and voluntary emission reductions.

Ireland’s deputy prime minister has struck a cautious note, warning that the Irish economic recovery from its COVID-19 lockdown will take longer than hoped.

Leo Varadkar (who was PM at the start of the pandemic), told the Newstalk radio station that a strong recovery in 2021 isn’t guaranteed.

Varadkar warned:

“I think to be frank the economic impact is going to be a lot worse than you or I may have thought back in March or April or when the government was formed (in June).

Back in March or April I would have said this is going to be a three-month phenomenon, a single quarter severe hit to the economy and that we would be in a very strong recovery by next year. That now looks less certain.”

(thanks to Reuters for the quotes).

Here’s Diane Wehrle, Insights Director at Springboard, on the increase in visitors to the high street last week:

“The jury is still out regarding the benefit of the “Eat Out to Help Out” scheme which launched last week, although there were rises in footfall on each day between Monday and Wednesday from the week before. It is clear that it was the post 6pm period that yielded the greatest rise in footfall, and also that smaller towns benefited more than large city centres.

As the scheme continues throughout August and more Brits enjoy staycations across the UK, time will tell if the government scheme provides the boost that retail destinations across the country require for business survival.”

High Streets boosted by Eat Out to Help Out scheme

The UK government’s half-price meal offer has lured plenty of people back to the high streets last week, especially during the evenings.

Footfall on UK high streets after 6pm jumped by 18.9% on Monday, Tuesday and Wednesday last week, according to new figures from retail analysts Springboard.

Those were the first days when the Eat Out To Help Out scheme offered a discount of up to £10 person.

In market towns, visitor numbers were 25% higher than a week ago.

  • Footfall across all retail destinations throughout the UK rose by +3.8% last week from the week before
  • In high streets footfall rose by +4.5%, in shopping centres by +3% and by +3.3% in retail parks
  • Between Monday and Wednesday, during the Eat Out to Help Out scheme, footfall rose in retail destinations across the UK by +18.9% post 6pm versus a rise of +9.6% at lunchtime (12pm to 2pm)
  • Footfall across all UK retail destinations remains more than a third lower than in 2019, with a year on year decline last week of -34%

This should please chancellor Rishi Sunak, who announced the scheme as part of his economic recovery plan last week. Journalist Hannah Al-Othman reports that Sunak is getting the credit too....

Grim news of the morning: a third of UK employers expect to cut jobs this autumn, even though the economy should be recovering from the coronavirus lockdown.

My colleague Jasper Jolly explains:

About 33% of more than 2,000 companies, charities and public sector bodies in the poll said they expected to make redundancies in the third quarter of 2020, according to figures from the Chartered Institute of Personnel and Development (CIPD) and Adecco Group, a staffing company.

The poll suggests the UK is likely to experience a wave of job losses across the economy as the government starts to withdraw the coronavirus job retention scheme.

Back in the UK, insurance group Royal London has paid out £8.5m in life insurance claims to the families of more than 1,200 customers whose deaths were attributed to Covid-19.

It is also setting aside £10m for future claims, having posted a loss of £181m for the last six months - due to falling asset values and weaker sales during the lockdown.

As feared, news of China’s retaliatory sanctions has knocked shares in Europe.

The Stoxx 600 index is now flat for the day, with falling tech stocks cancelling out the rally in banks, travel companies and oil majors.

Newsflash: China is imposing sanctions on a group of senior US politicians, in a move that could puncture today’s market optimism.

China’s foreign ministry says it will target 11 Americans, including Republican senators Ted Cruz and Marco Rubio.

Beijing is retaliating to US sanctions on 11 Hong Kong and Chinese officials, announced last Friday, over the abuse of Uighur Muslims.

The move was expected, and could heighten tensions between the two sides ahead of trade talks later this month.

Updated

UK fashion chain Superdry has shored up its finances with a new £70m lending facility from its banks to see it through the Covid-19 crisis.

The news has sent its share price up by nearly 14% this morning to 134.3p.

The retailer, known for its brightly coloured hoodies and T-shirts emblazoned with Japanese script, said the lending facility, agreed with HSBC and BNPP, would run until January 2023, replacing one that was due to expire the year before.

While sales at Superdry were down 24.1% year-on-year in the 13 weeks to 25 July, its first quarter, they were better than expected. Its stores have gradually begun to reopen following the Covid-19 lockdown. Online sales surged 93.2%.

Superdry was already struggling before the pandemic hit. Its co-founder Julian Dunkerton, who started out selling clothes on a Cheltenham market stall, returned to take the helm after leading a boardroom coup last year. The business had floundered in his absence, and he vowed to take the brand back to its design roots.

CEO Dunkerton said:

“The actions we have taken to date have greatly strengthened our cash position, which together with our new [lending] facility, give us the flexibility to execute our current plans and to secure our recovery.

“Together, we are making our way through this unprecedented period, and I’m confident we can reset the brand and deliver on our transformation plans.”

Updated

Oil producers, car makers, travel companies and financial stocks are all leading the rally in European markets this morning.

Those sectors are all sensitive to economic health, so are benefiting from optimism that the pick-up in Chinese producer prices and consumer inflation in July is signalling a recovery.

In London, airline group IAG is the top riser (+4%), with bank Natwest Group (+2%) and manufacturing group Melrose (+2.3%) close behind.

BP (+3%) and Royal Dutch Shell (+2.2%) are also positive, following the jump in the oil price this morning.

Florian Ielpo, head of macroeconomic research at Unigestion, says China’s improving industrial data is lifting the markets:

“China is so much in advance in this process of lockdowns and exiting lockdown, that any good signs for the Chinese economy is essential (for the world economy).”

Updated

The oil price has opened higher today.

Brent crude has gained nearly 1% to $44.80 per barrel, close to last week’s five-month highs.

Traders are citing upbeat comments from Saudi Aramco’s CEO Amin Nasser yesterday. He predicted a recovery in oil demand rebounding in Asia as economies gradually open up (a forecast bolstered by today’s recovery in Chinese factory gate prices).

Iraq has also lifted prices, by announcing it will cut its oil output by a further 400,000 barrels per day in August and September to compensate for its overproduction in the past three months.

French recovery continues

France’s economy continued to recover from the Covid-19 lockdown last month, its central reported this morning.

The Bank of France estimates that economic activity was 7% below its usual levels in July, up from a 9% gap in June.

It says:

“The rebound continued in July, at a more moderate rhythm, in line with the trajectory anticipated last month.”

The Bank explained that France’s construction sector is approaching its pre-coronavirus crisis activity levels, with industrial capacity creeping higher. It also confirmed that the economy shrank by nearly 14% during the second quarter.

Bloomberg adds:

The report confirms what the Bank of France has described as a recovery in the shape of a bird wing, with a sudden jump after the lifting of lockdown measures in May, followed by a steady return toward normal.

Asia-Pacific stock markets have already posted gains this morning.

The pick-up in Chinese factory gate inflation, and Donald Trump’s move to unilaterally extend jobless benefits, both lifted shares in the region.

  • China’s CSI 300: up 17 points or 0.36% at 4,724
  • South Korea’s Kospi 200: up 1.3% at 316 points
  • Australia’s S&P/ASX 200: up 105 points or 1.7% at 6,110

Lee Hardman of MUFG explains:

The main development over the weekend was the decision by President Trump to sign four executive orders to provide more fiscal support for the US economy after the Republicans and Democrats failed to reach a bipartisan agreement. The executive orders include extending enhanced unemployment benefits at $400 per week which is a reduction from recent support at $600 per week....

The fresh stimulus provided by President Trump through executive orders is better than none at all and provides a stop gap solution. Pressure remains though on both the Democrats and Republicans to reach a more substantial and durable compromise solution.

Introduction: Chinese inflation data lifts markets

Good morning, and welcome to our rolling coverage of the world economy, the financial markets, the eurozone and business.

Markets are starting the new week on the front foot, on hopes that the global economy is recovering from the shock of Covid-19.

New data from China overnight has shown that factory gate prices fell at a slower pace last month. The closely watched producer price index (PPI) dropped by only 2.4% in July from a year earlier, narrowing from a 3.0% decline in June, the National Bureau of Statistics said Monday.

That suggests a pick-up in demand for Chinese-made goods, as markets around the globe reopen.

On a monthly basis, PPI jumped by 0.4% in July alone, partly due to a surge in petroleum and natural gas prices Coal mining and automobile manufacturing prices also turned positive in July, the NBS added -- another indicator of rising demand.

Consumer prices across China also picked up in July, lifting inflation to 2.7% from June’s 2.5% rise. Surging pork prices were a key factor as hospitality venues reopened.

These signs of economic revival in China are helping traders to put aside concerns about rising tensions between Washington and Beijing.

Fiona Cincotta of City Index says:

The data adds to mounting evidence that the economic recovery in China is not only solid, but also gaining momentum, boosting optimism that the world’s second largest economy will offer serious support to the global economic recovery.

There’s also lingering relief that last Friday’s US employment report was so upbeat, showing that 1.7m new jobs were created in July.

Investors are also mildly encouraged that President Donald Trump has issued executive orders to provide temporary tax relief and stopgap unemployment benefits for Americans hit by the fallout from the coronavirus pandemic.

Trump is trying to swerve around the deadlock on Capitol Hill over a new package.

His plan lacks detail, and comes with strings attached (and may not even be constitutional), but it might end the standoff between the White House and Congress over fresh aid.

As a result, the FTSE 100 is up 51 points or 0.85% in early trading at 6084, with stocks also higher in Paris, Frankfurt, Milan and Madrid.

Otherwise, it could be a quiet August Monday, with the latest US job vacancy data to look forward to..

The agenda

3pm BST: US JOLTS report on job openings - expected to drop to 4.9m from 5.4m

 

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