Former In-N-Out worker sues over alleged workplace violations – Press Enterprise

A former In-N-Out Burger employee filed a lawsuit against a fast food chain, accused him of shortage of wage workers, unable to deal with sexual harassment cases, and inadequate protection of COVID-10. Claims to have retaliated against the members.

A lawsuit filed by Luis Besera on behalf of herself and others affected by the Los Angeles Superior Court on May 6 was filed earlier this year with the California Labor Development Agency, which alleged a code violation regarding health and safety. It follows another complaint.

In-N-Out disagrees with the proceedings and states that they are “unfounded” and “false.”

Besera, 31, from Ontario, worked as an In-N-Out butcher at a company facility in Los Angeles County from July 13, 2015 to May 25, 2020. To impose disciplinary action on his and other workers’ protected vacations many times, even if they provide a legitimate reason for their absence.

For example, on January 5, 2018, Becerra demanded a two-day vacation after a quarrel of domestic violence. He was embarrassed to deal with bruises and cuts on his face. The Human Resources Department said his missed day would not be against him, but he was later written “because his absence was not covered,” but the proceedings allege. Becerra claims that the documents provided as vacation support have been removed from the file.

In another case, Besera said she requested a holiday because of a jury duty. In the proceedings, his boss, Jose Manuel Andrade, said he could take a vacation by giving Besera the iPhone he was trying to sell.

Besera also claims that Andrade exposed her girlfriend to sexual harassment, which created a hostile work environment. In October 2019, he reported it to Robert Mitchell, who was in charge of the Human Resources and Meat Departments.

Mitchell later claimed he was unaware of the complaint, claiming the proceedings, but offered to use his company card to purchase tickets for the Bethera Staples Center “if he was silent about the case.” ..

The proceedings alleged that several employees had made similar complaints about Andrade’s sexual harassment of them or their important others, and In-N-Out management took no action. ..

Besera said he and his colleagues did not feel safe at work because the proper COVID-19 health and safety protocol was not followed. Social distance is not always practiced, and In-N-Out did not require all workers, including those in the meat sector, to wear protective face masks at work, he said. It was.

Many employees in the meat sector allegedly had COVID-like symptoms, but the lawsuit alleged that no one had taken medical leave, and the LA Public Health Department complained about Becerra around February 26. In response to this, the meat department was inspected. 2020 and violation found.

Becerra has begun to inform non-English-speaking butchers that they have the right to report and express their concerns about the safety of COVID-19 in the workplace. According to the proceedings, a week later he was issued a “final warning” for attendance, adding that similar retaliation warnings were issued to other workers.

The proceedings have been filed on behalf of all affected employees who have worked in the fast food chain since January 4, 2020.

In a statement issued by email Wednesday, In-N-Out’s Supreme Legal and Business Officer Arnie Wensinger disputed the allegations but said he could not provide specific details. I did.

“At In-N-Out Burger, we’ve always taken care of our peers as if they were our own family. We’re disappointed with the unfounded false allegations made by Mr. Besera in the proceedings,” Wen said. Singer said. “Unfortunately, I can’t comment further because this issue includes an ongoing proceeding.”

Bethera’s dismissal occurred in May 2020 after being ill for several days due to asthma. His boss asked him to provide documents related to his asthma history and told him to go to a local laboratory for some medical tests.

Besera secured her appointment on June 1, 2020, but was suspended on May 21, 2020 because she was told that she would only have two days to complete it. When he showed management a note from the lab confirming his next appointment, the In-N-Out manager claimed it had been forged, the proceedings said.

When Besera reported working on May 25, 2020, he said he had been dismissed for “providing false documents” for sick leave and for running out of sick leave.

According to Rene Potter of San Diego-based law firm Potter Handy LLP, which represents Becerra and his colleagues, the number of affected In-N-Out employees and the total amount of damages sought have not yet been determined. not.

Former In-N-Out worker sues over alleged workplace violations – Press Enterprise Source link Former In-N-Out worker sues over alleged workplace violations – Press Enterprise

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