A former Michael Waltrip Racing tire changer claims he was fired from his $160,000-a-year job in August after he demanded to have surgery for an injury suffered on pit road, while the team states he was released because he stole a specially made gun on the day he asked for permission to talk to other race teams. Brandon Hopkins sued the team in January in North Carolina Superior Court in Charlotte, and Michael Waltrip Racing (MWR) filed its response last week while also having the case moved to North Carolina Business Court. Hopkins claims he was fired the day before shoulder surgery in August for an injury he said he suffered after being hit while pitting Clint Bowyer’s car in 2013. He alleges he was told he was fired for what he characterized as unsubstantiated claims for stealing a pit-road gun, and he claims MWR retaliated against him by telling other teams that was the reason he was fired. He seeks unspecified damages. Hopkins, who began changing tires in 2005 and joined MWR in 2012, was making $160,000 per year, according to his contract that is part of the court file. His salary comprised of a base salary as an MWR employee ($50,000), an over-the-wall crew member salary ($97,000) and a fee to participate in the team’s training program ($13,000). The two-year deal, signed in September 2013, was for the 2014 and 2015 seasons.
In its response to the lawsuit, MWR detailed the pit-gun incident. The pit gun, called a “clutch gun” that MWR says teams are spending hundreds of thousands and even “millions” of dollars to develop, requires MWR to have a dedicated engineer who works specifically to tailor the guns for each crew member. MWR alleges Hopkins, angry after a bad performance at Indianapolis in 2014, demanded to have the surgery for a torn labrum a week later but wanted to work the Pocono race. Hopkins didn’t use his assigned gun at Pocono but used a backup gun for one of the other pit-crew members. Pit-crew members are supposed to only use the guns assigned to them, and Hopkins wasn’t authorized to use that gun, MWR states in court documents. The team says in its response that it has footage of Hopkins taking that gun and putting it in his car, along with four or five sockets for that gun, the Monday after Pocono “ about 35 minutes after he asked for permission to waive the non-compete clause in his contract so he could seek employment elsewhere. Later in the day, MWR alleges Hopkins printed out reports that showed the effectiveness of the guns as well as documents on pit-crew members and prospects. MWR also alleges that Hopkins’ backup gun went missing earlier in the season and was never located.
The sides also dispute whose decision it was to delay surgery after the injury was diagnosed in March 2014; Hopkins said he repeatedly asked to have the surgery but was encouraged to delay surgery until the team was eliminated from championship contention.(ESPN.com), see earlier information about the suit on the #15 team news page.(3-18-2015)
