Recently the California Labor Commissioner issued a $125,913 fine against a McDonald’s franchisee for retaliating against its former employee who allegedly complained about COVID safety issues before being terminated. According to the record, the Labor Commissioner named the franchisee, its owner, and its Human Resources Officer as jointly and severally liable and ordered reinstatement of the employees. The fines were for lost wages, interest, Labor Code 98.6 retaliation penalties, and 1102.5 retaliation penalties. Labor Code 98.6 precludes employers from retaliation against employees due to the employee’s complaint about working conditions and against employees who make complaints to government agencies. The McDonald’s franchisee claimed the employee had been terminated for job abandonment. The restaurant and its owners must now comply with the orders, appeal the citation to challenge the decision and the authority of the California Labor Commissioner, or reaching settle the matter. The resolution of the claims and the incurred cost of defense may actually exceed the cost of compliance.
Employers should consult their counsel before disciplining or terminating employees who make claims, even if unfounded, relating to COVID concerns or workplace safety.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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