Fired workers sue Chipotle, say checks were late

Minneapolis Star Tribune ^ | February 3, 2011 | Mike Hughlett

[13foxtrot]

Good thinking. But it doesn’t work that way with wage and hour laws. Those are designed to keep the employers in line — not the employees.

If the employers were immune from wage and hours laws when hiring illegals they would hire plenty more... I am suing one employer who doesn’t hire whites or blacks because he only wants illegals because they don’t complain. 12 hour shifts, 6 days a week, no overtime. Sexual harassment/coercion of the females. My client is legal (an Indian)...the business owners are Indian as well.

[13foxtrot]

I am an employee side lawyer. You come to me with a shorted check or unpaid final check and I will sue the bastards in a heartbeat. Not paying someone for work they have already done is theft. Dirty rotten theft.

[wideminded]

Quite often I patronize another Mexican-themed chain restaurant. It's basically a fast food place, although the food seems to have decent quality. Based on their accents I would say that every single employee I have heard or spoken with at various branches of this chain (except possibly one manager) was at least born in Mexico.

But of course, even though it seems pretty likely, I don't know for sure that these people are all illegal aliens. If I did, would I turn them in and get them all fired? I admit that I'm not sure. I have a negative opinion of a company that would knowingly base their success on illegal alien labor. But if the de facto American system is to allow businesses to operate like this, can I really fault an individual worker who tries to make the most of his opportunities in life?

Besides, all the employees seem nice. I guess they can't afford not to be.

Maybe I'm a hypocrite for continuing to be a customer of this place. But certainly the situation is obvious to all the customers.

[Ron H.]

Other employers hiring illegal aliens should perhaps take note of how Chipotle Mexican Grill is experiencing their new found punishment for their grievous error in judgment in hiring these criminal illegal aliens in the first place. Kind of serves them right. Take note American employers, you might be next!

[magritte]

What if the employee is fired for cause, such as providing a false social security number, or stealing from the company? Are they still entitled to back pay?

[WOBBLY BOB]

http://www.twincities.com/ci_16754546?IADID=Search-www.twincities.com-www.twincities.com

“Most of the workers who lost their jobs are Mexican nationals who at one time had work visas that have since expired. The workers had jobs that paid $12 to $14 per hour, health insurance and a 401(k) plan.”

This doesn’t seem to me like “jobs that Americans won’t do” !

hopefully the employer gets fined AND the union,too

[HiJinx]

Ping!

[Vigilanteman]

I worked for management in a previous life. Employees are entitled to back pay for any work they performed (or were "on the clock") regardless of other circumstances. We had one who actually cashed a bad check on the store and were not even allowed to deduct it from her final check.

It had to be prosecuted like a bad check from any other customer. Good luck with that one when she was skipping town.

[magritte]

Thanks for the info...I’ll check the laws here in Missouri...you never know when this might come up at my business...magritte

[Vigilanteman]

Do let me know what your check of Missouri law uncovers.

FWIW, the store I worked at was in California, early 1980's. It still frosts me that an employee could intentionally bounce a check and we had to give her the last check with nothing deducted for outright fraud!

[13foxtrot]

The rules vary by state, but the only case I know of where an employer can with hold money from a paycheck is when a cashier turns in a short-till, assuming the cashier had complete control of the till and you only deduct the shortage that occurred in the current/last pay period when you fire them. E.g., $50 dollar short-till discovered, till in complete control of employee, employee immediately fired then $50 dollars can be with held from last paycheck.

Allowing theft, and breaking stuff, can be applied the same way. But generally it is more hassle than it is worth so just pay their full check. And then sue them in small claims for the losses/damages.