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A lawsuit has been lodged alleging a Chicago-area franchise retaliated against a McDonald’s employee who claimed the location was not protecting its workers from the coronavirus.
The now-fired employee was reportedly one of nine who also filed a complaint against a McDonald’s in Bronzeville, Ill. in May alleging the franchise did not provide safe working conditions in the midst of the growing pandemic. The May lawsuit was successful in obtaining a court order requiring the restaurant to provide training to its employees on social distancing and mask wearing, but the plaintiff says he paid a price for voicing his concerns.
“I spoke out because McDonald’s dropped the ball in protecting me and my co-workers from getting sick,” the former McDonald’s employee said in a statement, according to the Chicago Sun Times. “But instead of listening to my concerns, they got rid of me to try to shut me up. We have the right to know if one of our co-workers got COVID and that we might be putting our lives and our families lives at risk.”
According to the complaint, when the Bronzeville franchise changed hands after the initial lawsuit was filed, the new owner, Omakin Restaurants, refused to retain the plaintiff.
The plaintiff alleges that he had stopped working at the location because of continued concerns about health and safety measures the franchise was failing to take. The plaintiff notes that he lives with his mother who has health issues that put her at high risk of severe infection if she contracted COVID-19.
The plaintiff says that when he heard that a new owner was taking over the Bronzeville location, he decided to apply, hoping that the new owners would enact sufficient health and safety measures.
The lawsuit contends that the new franchise owner had, in fact, hired the plaintiff, but, after the plaintiff testified in a hearing about the working conditions at the McDonald’s, the new owner refused to give him the position.
According to the lawsuit, the franchise engaged in wrongful retaliation – a violation of the Whistleblower Act.
“Omakin Restaurants’ retaliatory actions against [the plaintiff] have caused him to lose wages and benefits he would have earned if he had been employed,” alleges the complaint. “Omakin Restaurants’ unlawful retaliatory actions toward [the plaintiff] have also caused him stress, anxiety, and depression because of his inability to work, to support himself, and to help support his mother.”
The plaintiff is seeking a court order requiring the McDonald’s franchise owner to offer him a job, as well as provide him back pay with interest, along with damages and attorney fees.
“Unless Omakin Restaurants is ordered to refrain from doing so, it will continue to refuse to employ [the plaintiff], thereby causing him continuing harm and perpetuating its violation of the Whistleblower Act.”
“We have a gentleman who stuck his neck out,” a lawyer representing the plaintiff told The Chicago Sun Times. “I think it’s important that the workers know that the law does protect them if they provide information in the way that [the plaintiff] did.”
Keep up to date with COVID-19 legal news with TCA’s legal guide to consumer issues!
Do you work at a McDonald’s or other fast-food restaurant? Do you think your employer is providing proper safety and training to employees to help protect them from the coronavirus? Tell us what you think in the comment section below!
The plaintiff is represented by Barry M. Bennett and George A. Luscombe III of Dowd, Bloch, Bennett, Cervone, Auerbach & Yokich.
The McDonald’s Employee Retaliation Lawsuit is Case No. 2020CH06748, in the Circuit Court of Cook County, Illinois County Department, Chancery Division.
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3 thoughts onMcDonald’s Employee Fired for Voicing COVID-19 Concerns, Says Lawsuit
I had worked at a local gas station for a little over 2 years. When the pandemic hit, we didn’t get hazard pay whatsoever, we weren’t able to tell our customers that they need a mask because it was “their decision” , and to top it off I got fired over the phone because I had voiced my opinion about the company caring more about running the business rather than keeping the employees safe. I had gotten sick with strep throat and had to be out for 3 days, but I also had to get tested for covid just to be on the safe side. I couldn’t return to work until my results came in. But unfortunately I actually got fired telephonically the same day I had to get my covid test
Add me i use to work for they until McDonald’s close down due to COVID 19. PLEASE ADD ME
add me please