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A former In-N-Out Burger butcher says he was unfairly fired after raising the alarm over the kitchen being “full of sick employees” amid the pandemic, according to a new class action lawsuit.
In the class action, filed April 28 in a California state court, Plaintiff Luis Becerra alleges the burger joint violated a number of California Labor Code laws both during his employment, and after, when it used allegedly false attendance issues to fire him.
Beccera is seeking to represent any California resident who was employed by In-N-Out Burger as an hourly, non exempt employee in the last year.
He alleges that he is just one case of the chain shorting workers on pay and paid time off during their employment, and then retaliating against them when they complained it wasn’t following federal COVID-19 safety regulations.
Becerra started working at In-N-Out as a butcher in 2015 and was fired in May 2020. He says, in this time, his legitimate sick days and personal days from work were written up as absences by HR, despite him having approval for them under the law.
“Importantly, In-N-Out had a practice of imposing disciplinary action on Mr. Becerra’s protected time off from work,” the class action states.
“Each time he needed to be out, he provided valid reasons and/or documentation, had the leave approved, and then got written up for taking the approved leave.”
In one case, he had pneumonia, and provided a doctor’s note. In another, he had — with permission — he switched days with someone else to attend his daughter’s school event.
When the pandemic hit, Becerra said the meat department became “full of sick employees, many of whom were exhibiting COVID-19-like symptoms.” However, the company allegedly did not put them on medical leave. After he filed a complaint with the local public health department, Becerra says he was given a final warning about his “absences.”
He then had to take time off after his daughter was hospitalized with COVID-19 symptoms, and then missed work one more time due to his asthma, the class action claims. He was fired.
Becerra is accusing the chain of retaliating after he reported violations and used sick leave. He’s also accusing it of failure to pay his final wages or provide accurate wage statements, and not providing personnel files in a timely manner.
The representative action is suing under California’s Private Attorneys General Act. Becerra is seeking damages for all affected employees of various amounts for violating different parts of the labor code. The damages are up to $10,000 per violation, per person.
This is not the first time that the fast food retailer has faced claims of labor violations. In 2012, In-N-Out Burger faced a class action lawsuit accusing it of discriminating against black and older applicants by trying to keep them out of its “predominately” young and non-black workforce.
What do you think of this action against In-and-Out Burger? Let us know in the comments!
Becerra is represented by Rene Potter of Potter Handy LLP.
The In-N-Out Burger Labor Violations Representative Lawsuit is Luis Becerra v. In-N-Out Burger, Case No. 21STCV17045, in the Superior Court of California, County of Los Angeles.
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