NYC Chipotles Unfairly Fire Staff For Taking Sick Days: Workers

UNION SQUARE, MANHATTAN — A settlement with Chipotle's Union Square location and another 11 worker complaints have added to Mayor Bill de Blasio administration's months-long investigation into the fast food chain's treatment of its New York City workforce.

Luisa Mendez, an employee at Chipotle's outpost on East 14th Street, returned to work Wednesday for the first time since an investigation found she was unfairly fired in October for trying to use paid sick leave to care for her family.

But her settlement came the same day that 11 other Chipotle workers announced that they will file similar complaints against the restaurant with the Department of Consumer and Worker Protection, who also sued five Chipotle locations in Brooklyn late last year.

"[Luisa] was fired simply for taking care of her family — that is not legal," DCWP Commissioner Lorelai Salas said with Mendez outside the Chipotle on Wednesday. "We're here because we want to send a very strong message to employers that we will not tolerate retaliation."

Mendez, who was fired last fall, told the crowd that she was let go after trying to use sick days care for her pregnant daughter and ill father. The settlement required Chipotle to pay Mendez for the sick days she took and give her $2,500 in damages.

Under the NYC Paid Safe and Sick Leave Law, employers with five or more employees who work more than 80 hours per calendar year must provide paid safe and sick leave, which workers can use to care for themselves or a family member who are sick or in danger and to seek legal or social services.

Workers who filed their own complaints Wednesday told similar stories of being terminated before they could request a sick day and even being forced to keep working at the restaurant when they complained about diarrhea.

"You would think a food employer that is serving fresh food would be very concerned that its workforce has the opportunity to stay home when they are sick...in order to ensure not only the safety of their customers but of the other workers who are handling food every day," said Larry Engelstein, secretary treasurer of the SEIU-32BJ union that supported Mendez' complaint.

Laurie Schalow, Chipotle's chief corporate reputation officer, said in a statement that the Mexican food chain's policy is to fully comply with the Sick and Safe Leave Act and that they consider Mendez' situation resolved.

"Chipotle’s engaged and hard-working employees are what makes us great, and we encourage our employees to contact us immediately, including through an anonymous 800 number, with any concerns so we can investigate and respond quickly to address any issues," Schalow said. "Our focus and commitment are always to do the right thing for our employees."