The Puerto Rico Court of Appeals recently ruled in a case involving Marcelino Torres Pérez and South American Restaurants, Corp. The court decided not to dismiss a retaliation claim made by Torres Pérez, who alleged he was fired for reporting workplace harassment. This ruling is significant as it highlights employee rights and protections against retaliation in the workplace.
The case, titled Marcelino Torres Pérez v. South American Restaurants, Corp., was filed under docket number TA2026CE00635. It stems from an earlier complaint Torres Pérez filed against his employer, claiming he was wrongfully terminated shortly after raising concerns about harassment from a supervisor. This ruling affects not only Torres Pérez but also sets a precedent for other employees facing similar situations in Puerto Rico.
Marcelino Torres Pérez filed his complaint on February 13, 2025, under Law No. 115, which protects employees from retaliation for reporting workplace issues. He argued that South American Restaurants fired him just 21 days after he filed a complaint against his supervisor for harassment. The company responded by denying the allegations and claiming that Torres Pérez was terminated for legitimate business reasons related to his performance.
South American Restaurants argued that Torres Pérez did not file a formal complaint and that his termination was justified based on an investigation into his conduct. They claimed that the decision to terminate him was based on recommendations from a psychologist who assessed his leadership skills. The case went through various procedural incidents before South American Restaurants filed for a summary judgment, seeking to dismiss Torres Pérez's claim.
On May 7, 2026, the lower court ruled against South American Restaurants' request for summary judgment. The court stated, "there are substantial factual controversies that must be resolved in a full trial," indicating that the case involved issues that required further examination of evidence and witness credibility. The ruling emphasized that the court found numerous factual disputes that could not be settled through a summary judgment process.
The judges on the panel included Judge Hernández Sánchez, Judge Rivera Torres, and Judge Marrero Guerrero, with Judge Rivera Torres serving as the lead opinion writer. The court's decision highlighted the importance of allowing a full trial to address the complex issues surrounding Torres Pérez's claims of retaliation.
This ruling has important implications for employees in Puerto Rico. It reinforces the idea that retaliation claims should not be dismissed without a thorough examination of the facts. The court's decision ensures that employees who report workplace harassment or misconduct have the opportunity to have their cases heard in full, rather than being dismissed prematurely.
Going forward, this ruling may encourage more employees to come forward with their complaints, knowing that their claims will be taken seriously and will not be dismissed without proper consideration. It also serves as a reminder to employers about the legal and ethical obligations they have to protect employees from retaliation.
As for what’s next, South American Restaurants may consider appealing this decision, although details about any potential appeal were not available in the court filing. The case will continue in the lower court, where the factual disputes identified by the court will be resolved through a full trial.