A Cincinnati judge has ordered former Kroger CEO Rodney McMullen to provide a written account of why he abruptly left the grocery giant in March — potentially exposing details the executive’s attorneys have called “completely irrelevant” and “embarrassing” in a lawsuit that involves singer Jewel.
The circumstances surrounding 65-year-old McMullen’s surprise resignation have become a point of interest in a lawsuit unrelated to his exit.
Jewel — the songstress known for 90s hits like “Foolish Games” and “Hands” — has together with a business partner sued Kroger over the company’s annual Wellness Festival, claiming they were central to launching the event and are owed damages over alleged contractual problems.
Their lawyers argued that delving into details of McMullen’s resignation could be relevant to his credibility if he appears as a witness and could inform the court’s view of what they describe as an “allegedly corrupt corporate culture at Kroger.”
McMullen’s legal team pushed back, calling the questions “completely irrelevant” and “embarrassing,” but the judge ordered him to answer in writing.
The Aug. 1 directive from Hamilton County Common Pleas Court Judge Christian Jenkins required McMullen to submit a sworn explanation by Aug. 8 that details the reason for his exit and identifies others involved, according to the court’s order.
It wasn’t immediately clear whether McMullan had complied with the order. The Post has reached out to McMullen’s lawyers for comment.
Whether any written account from McMullen becomes public will depend on a later ruling about its relevance to the case. The judge can keep it under seal if he decides it matters to the lawsuit, or exclude it entirely if it does not.
McMullen stepped down after more than a decade leading the Cincinnati-based grocery company, following what Kroger described as an investigation into his “personal conduct.”
The company did not elaborate at the time. As part of his departure, McMullen forfeited all unvested equity and bonuses — $11 million in total, according to a filing with the Securities and Exchange Commission.
McMullen earned $15.7 million in 2023.
“Usually a CEO has downside protection if they leave,” Eric Chaffee, a corporate law professor at Case Western Reserve University, told Fortune.
“The fact that he was willing to give that up may provide some insight that what went on here was something he did not want revealed.”
Chaffee told Fortune it is “somewhat invasive” to probe a CEO’s departure, but noted that Kroger itself linked the resignation to “business ethics,” which can make the line of inquiry easier to justify.
In civil litigation, he added, attorneys commonly try to “test that individual’s credibility… to figure out whether they behave in an ethical manner.”
Chaffee pointed out that US courts strongly favor openness. There is, he said, a “strong preference that the public has access to judicial proceedings — not just to be nosy, but because transparency makes for a fairer legal system.”
The judge will ultimately decide how much of McMullen’s account the public can see, if any.
Kroger’s sparse explanation left room for speculation when McMullen resigned, and the new order renews interest in what the company and its former leader have chosen not to disclose.
“There’s a cloud that’s left by his departure,” Chaffee told Fortune, “but companies sometimes decide that’s better than the damage that could come from disclosure.”
For McMullen, silence may also be a rational choice.
“It might be something embarrassing to him personally, to a family member, or something that could have future repercussions for his career,” Chaffee told Fortune.
Executive careers can hinge on public perception, and “if you’re a CEO and there are news reports out there that you’ve done something you shouldn’t have, getting another top job can become very, very difficult,” he said.
The Post has sought comment from Kroger, McMullen and Jewel.
