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A JUDGE is ordering Kroger’s ex-CEO to spill the beans on why he had recently resigned from the company’s top post.
Rodney McMullen suddenly resigned in March after the company launched an investigation into “certain personal conduct.”
It then went on to say that said conduct was “inconsistent” with its ethics.
The judge concluded that McMullen’s vague claim of embarrassment does not meet the necessary requirements, as revealed in court documents acquired by Cincinnati.com. The evidence may have implications for Mr. McMullen’s credibility or possibly reflect on Kroger’s corporate environment.
As stated in a Kroger SEC filing, his departure was unrelated to the company’s “financial performance, operations, or reporting, nor did it involve any Kroger employees.”
McMullen had served in the job for over a decade.
Although McMullen now has to tell the court the reasoning, a judge will decide if the testimony should be unveiled to the public.
The revelation comes after singer Jewel had filed a lawsuit against the grocer over the company’s event called the “Kroger Wellness Festival.”
The report indicated that despite being encouraged to back and advocate for an ownership component, the festival ultimately experienced a financial setback, losing at least $5 million.
The written testimony by the ex-CEO is supposed to be received by Friday, Aug. 8.
Albertsons, another grocery chain, has also called for McMullen to explain his sudden departure from the company.
The two businesses attempted to and failed at merging, leading to an ongoing legal battle between the pair.
“McMullen’s conduct and business ethics are central to this litigation,” Albertsons wrote in the filing, according to GroceryDive.
The statement added, “However, Kroger continues to withhold documents concerning severe violations of ‘business ethics’ that were significant enough to lead to McMullen’s job loss shortly after the Merger was blocked.”
Kroger indicated that this information might be pertinent to the case, emphasizing that reliance solely on Kroger’s claim that McMullen’s behavior was unrelated to the Merger would not suffice.
The company also accused McMullen of “closely managing the merger process from start to finish, with his business ethics (or lack thereof) being central to this case.”
Kroger’s refund policy

Kroger shoppers can return items with or without a receipt.
All Kroger Co. Family of Stores can accept returns of items purchased at any location within 30 days of purchase.
Returns with receipts:
- Customers can use digital or paper receipts to get a refund
- The refund will be returned in the same payment method the purchase was made. Either going back on a card or handed back in cash
Returns without receipts:
- Customers wanting to return more than $10 will receive a store merchandise gift card for the value
- Customers who spent less than $10 will receive cash
According to the outlet, the next hearing will be held on the Albertsons case on Sept. 4.
Kroger told Bloomberg in July that it “continues to focus on delivering outstanding value to its customers and communities, Albertsons’ desperation is once again on full display in this latest attempt to distract from its own misconduct during the regulatory process.”
Lawyers for Albertsons, however, had a different perspective in their response to Bloomberg.
The competing grocery chain shot back, saying:
“Kroger has not explained why that conduct was so egregious that the Kroger board determined McMullen was unfit to serve as CEO and forced him out within 10 days of its discovery.”