Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A former server has launched a class action lawsuit against Coconut Joe’s, a restaurant in Charleston, S.C., saying he was fired after leaving work to get tested for COVID-19.
Justin Mackie says that he was fired from his job at the beachside Coconut Joe’s restaurant after he left to get tested for COVID-19. According to Mackie, he informed his manager that he was feeling short of breath, and alerted him that he was leaving to go to the doctor. Nonetheless, he was allegedly fired for leaving without permission, the Miami Herald reported on this legal news.
In Mackie’s coronavirus class action lawsuit, he states this was a violation of the Families First Coronavirus Response Act, which allows workers to take leave to deal with the coronavirus, without fear of losing their job. Mackie also takes issue with other elements of Coconut Joe’s treatment of workers, saying that they violate the Fair Labor Standards Act. He noted that the company required front of house workers to share tips with back of house workers, in violation of the law. He seeks to represent a Class of similarly affected workers.
The former server describes the circumstances after Coconut Joe’s reopened after its temporary closure due to the coronavirus. He notes that in preparation for reopening, Mackie was asked to perform maintenance work. Allegedly, he and other workers were paid through a loan that the company had taken out through the Paycheck Protection Program.
When the company reopened, Mackie was given work as a cook, though he had previously worked as as server, he explains. He noted that he took the work as a cook despite his lack of experience because he needed the job.
The Coconut Joe’s COVID-19 class action lawsuit states that, while working as a fry cook, Mackie began experiencing shortness of breath. He decided to get tested for COVID-19, recognizing shortness of breath as one symptom of COVID-19. He says that he informed his manager that he was feeling short of breath and wanted to get tested for COVID-19.
He states that his manager then told him to speak to the restaurant’s owner, who told him to “get back in the kitchen or he could find another job.” He says that he was worried for his job, but was also worried for the health and safety of himself and others.
Because of this, he reportedly spoke again to his manager saying “I feel like I can’t catch my breath and I need to see my doctor.” He told her that he was worried that he had COVID-19, to which his manager allegedly responded, “just be sure you get a note.”
The restaurant COVID-19 worker protection class action lawsuit states that before he left, Mackie stressed to his manager, “I am not quitting my job, I do not have any intentions of quitting.”
Allegedly, he also promised to be in touch with the manager after his visit with his doctor.
After he left, Mackie says that the owner sent him a text saying “since you left without permission, we will take that as you quitting your job here at Coconut Joe’s.” The Coconut Joe’s firing class action lawsuit notes that Mackie texted the owner back several times saying that he had not quit his job and only left so that he could seek medical treatment.
He did visit his doctor, who then told him that he did not have COVID-19, but had a panic attack. Mackie states that after his visit, he then texted the other owner to explain the situation, sending him a picture of the note from his doctor. After the owner told him that he did not have time to talk but would talk with him later, the owner allegedly never called him back. After multiple attempts to talk to him and to get his job back, the owner reportedly remained unresponsive.
The restaurant COVID-19 policy class action lawsuit states that Mackie’s firing was a violation of the Families First Coronavirus Response Act, which protects workers from losing their jobs when attempting to seek treatment or medical help regarding COVID-19. Mackie calls their firing of him “retaliatory conduct,” which is prohibited by the law.
Has your work been affected by COVID-19? Share your experiences in the comments below.
Mackie is represented by Marybeth Mullaney of Mullaney Law.
The Coconut Joe’s COVID-19 Firing Class Action Lawsuit is Justin Mackie v. Coconut Joe’s IOP LLC, et al., Case No. 2:20-cv-02562, in the U.S. District Court for the District of South Carolina.
Join a Free Coronavirus Class Action Lawsuit Investigation
If you believe your rights were violated in a way that is directly related to the coronavirus pandemic, you may qualify to join this coronavirus class action lawsuit investigation.
Read About More Class Action Lawsuits & Class Action Settlements:
Trump Admin Faces Lawsuit Over International Students Policy
Rideshare Sexual Assaults Cause Increasing Legal Trouble for Uber & Lyft
RNC Lawsuit Calls Trump Campaign ‘Public Nuisance’
Zantac Lawsuit Alleges More Than 20 Years of Ranitidine Caused Prostate Cancer
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
