NYC Brings Suit Against Starbucks, Alleging Wrongful Termination Of Barista In Violation Of Fair Workweek Law – CoffeeTalk

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The New York City Department of Consumer and Worker Protection (DCWP) has filed a lawsuit against Starbucks Corporation, alleging that the company wrongfully terminated a longtime barista in violation of the city’s “just cause” protections as outlined in the Fair Workweek Law. This lawsuit is the third of its kind initiated by the DCWP against the coffee giant, indicating a troubling trend in how the company manages its employees. Karmen Rich was fired on Dec. 27, 2023, and an investigation found that Starbucks had allegedly failed to provide Rich just cause for her dismissal.

Vilda Vera Mayuga, commissioner of DCWP, announced the lawsuit during a press briefing, expressing disappointment over Starbucks’ actions. She noted the significance of the Fair Workweek Law and called for any fast food worker who believes they’ve been fired unfairly to contact them immediately. Starbucks asserted that Rich was fired for not adhering to policies, but the DCWP’s investigation indicated that she had followed all relevant protocols. Under New York City law, a fast food employee cannot be terminated for a single policy violation unless it involves dangerous or illegal conduct.

A Starbucks spokesperson stated that Rich was terminated over time theft, falsification of a company document, and other related issues, which are considered “egregious conduct.” They stand by their decision and are prepared to defend their actions. In its filing at the Office of Administrative Trials and Hearings, the DCWP is not only seeking civil penalties of $2,500 in accordance with the Fair Workweek Law but is also demanding that Starbucks pay Rich the backpay and other compensation owed to her for lost work.

Manhattan Council Member Julie Menin, chair of the committee on Consumer & Worker Protection, emphasized the importance of enforcing worker rights and praised Commissioner Mayuga and the DCWP for their commitment to upholding the Fair Workweek Law, a historic piece of legislation aimed at protecting workers’ rights within the fast food industry.

The ongoing situation draws parallels to a recent settlement involving Chipotle, raising concerns about broader violations within the company. The Fair Workweek Law, in place since November 2017, fortifies protections for fast food workers, making it illegal for employers to fire or significantly reduce the hours of employees who have completed a 30-day probationary period without just cause. The DCWP has a history of vigorously responding to violations of the Fair Workweek Law, having processed over 990 complaints since the law’s enactment.

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Source: Coffee Talk

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