McDonald’s Lawsuit Says Workers Needlessly Exposed To Coronavirus

A group of McDonald’s workers from California claim in a lawsuit that they were not informed they had been exposed to COVID-19 and management has failed to provide protective gear and policies during the outbreak.

According to the complaint, many of the plaintiffs have tested positive for coronavirus, along with other employees and their family members, including a 10-month-old baby.

The McDonald’s employees say the outbreak at their place of employment, an Oakland, Calif.-area McDonald’s, is the result of failure by the operators to implement basic precautions and engaging in practices such as forcing sick employees to work.

The plaintiffs contend the McDonald’s where they work, as well as the five or more other locations owned by the franchisee, defendant VES McDonald’s, have failed to take measures to protect their employees and the public from COVID-19.

The McDonald’s lawsuit claims that, even as employees fell ill, they were forced to work without sufficient protective equipment until the franchise, which is on Telegraph Avenue in Oakland, closed temporarily at the end of May. The workers say other precautions, such as social distancing and increased cleaning and sanitation procedures, were not put in place.

According to the plaintiffs, they were either not provided proper protective equipment or provided woefully inadequate equipment.

The McDonald’s lawsuit alleges that management initially offered doggy diapers or modified coffee filters as face masks. Later, employees were allegedly forced to use single-use masks for days on end and were not provided replacements until the masks fell apart.

Additionally, hand washing, cleaning and disinfecting protocols were not implemented, the McDonald’s workers say.

Further, the plaintiffs claim that they and other McDonald’s workers were not given information about paid sick leave.

Troublingly, the workers also contend that management failed to inform them that their co-workers had reported contracting the disease.

One plaintiff, Yamilett Osoy, contends that she told management she was feeling ill; her symptoms included trouble breathing, head and body aches and faintness. Osoy says she asked to go home early, but was forced to stay at work by her manager until she could find someone to cover the rest of her shift.

Other McDonald’s employees make similar claims and contend that workers are often forced to work while sick.

“The space in which these workers work is small and enclosed, and these infected workers all worked in close contact with several other coworkers, even when they were highly contagious,” the complaint points out. “By denying those and other workers’ valid requests for sick leave and by allowing (in fact, requiring) those and other workers to work while sick, Defendants caused many other workers, as well as those workers’ family members, co-habitants, and fellow community members, to become infected with COVID-19 as well.”

Further, even as McDonald’s workers reported positive coronavirus test results, management still failed to implement practices that would stop the spread of the disease.

According to the McDonald’s lawsuit, the franchise’s failure to properly protect their workers from COID-19 was a cold-blooded financial choice. Despite detailed policies and practices meant to protect McDonald’s workers and the public from the spread of coronavirus provided by the fast food chain’s corporate office, the franchise owners failed to comply with those standards because of cost, the plaintiffs say.

The McDonald’s workers’ lawsuit is seeking an immediate court order continuing the closure of the restaurant until it can demonstrate that it will comply with “minimum COVID-19 health and safety standards.”

“Absent immediate injunctive relief, there will be serious irreparable physical and emotional injury to Plaintiffs as COVID-19 continues to spread through their families and communities,” the complaint states.

In addition, the plaintiffs want VES McDonald’s to be declared a public nuisance and disgorge any profits from their failure to implement policies and practices that would have protected the community.

Consumers are faced with an onslaught of issues as the coronavirus outbreak and necessary restrictions drag on into the summer. Top Class Actions has compiled a COVID-19 legal guide to help.

Are you concerned about a coronavirus outbreak at your workplace? Tell us what you think in the comment section below.

The lead plaintiffs are represented by Michael Rubin, Stacey M. Leyton, Barbara J. Chisholm and Corinne F. Johnson of Altshuler Berzon LLP.

The McDonald’s Workers Coronavirus Lawsuit is Yamilett Olimara Osoy Hernandez, et al. v. VES McDonald’s, et al., Case No. unavailable, in the Superior Court of the State of California, County of Alameda. 

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