Fired Market Basket executives Tom Gordon (left) and Joe Schmidt (right).Photo: Chaiel Schaffel/WBZ NewsRadio
Updated 8/14/25 2:26 p.m.
LOWELL, Mass. (WBZ NewsRadio) — During a hearing in Lowell Superior Court Thursday, a judge granted Market Basket's request for a temporary restraining order against two fired executives, who are loyal to suspended CEO Arthur T. Demoulas.
Market Basket accused Joe Schmidt and Tom Gordon of trespassing at corporate headquarters and dozens of store locations to intimidate employees and instigate walkouts and boycotts.
The judge said they were warned four times by the company they were not allowed on the property.
"That statement to them on each one of those cases, each one of those situations, was clear and unequivocal. And they knew they weren't supposed to be there," the judge said. "Having someone walk around the corporate headquarters whose been told four different times not to be there would create great concern for any business."
But, the judge did say he did not believe that Schmidt and Gordon "have the moral temerity or the inclination, what have you, to do any kind of harm to this business or any other business... They're hard working individuals and obviously are dedicated. But on its face, it's not a good look."
Earlier in the hearing, a lawyer for Market Basket said that the defendants had traveled to 25 stores after they were fired, despite receiving a directive to stay away from Market Basket property.
"As soon as the company became aware of it, it immediately reached out to both of them on multiple occasions, in multiple ways, to again reinforce that that no trespassing order that had been issued to them back on [May 28] was still in effect lest they had any doubt about it. Although, there was no reason to have doubt about it because they had never been told that they were authorized by the board of directors to enter any Market Basket property," the plaintiff's lawyer said.
A lawyer for Gordon and Schmidt argued that his clients believed the directive no longer applied after they were terminated because they were "free citizens at that point," and that the termination letter did not spell out the "rules of the road going forward."
Market Basket's lawyer responded that a letter from May 28 said the two were "barred unless authorized by the board of directors."
"There's no requirement that you be barred in every letter you receive. Once you're barred, you're barred," the plaintiff's lawyer said.
The defendant's lawyer also argued that the restraining order would be harmful to their client's reputation because "people think these two guys committed crimes of trespass, and that's not what's being alleged."
"We can educate the public and can say for sure that this is not a criminal trespass case, it's a civil trespass case," the judge said.
"It is a continuing trespass," the judge said while giving his ruling. "Twenty-five visits over the span of four days, I don't know how any court would not find that to be a continuing trespass. And there's more trespasses in addition to those."
A spokesperson for Arthur T. Demoulas said the ruling was surprising and the Gordon and Schmidt "have dedicated their entire professional careers to Market Basket and have been key to its success and building its culture. They have fostered the community of associates that is the Market Basket family."
"Since May 28, their integrity has been attacked with a host of false accusations but they have persevered with dignity and integrity. Intent matters: once they were fired, they believed they were able to visit the stores and did so not to threaten and intimidate, but to check on people and provide reassurance that things will be OK. We will respect this ruling but are saddened that it is built on misconceptions about their intent," the statement said.