Sign in / up

back to article Judge roasts Chipotle for firing guy who grilled bean counters on Twitter

A US judge says fast-food "burrito" chain Chipotle broke US labor laws by sacking an employee after he trashed his bosses on Twitter. The court sided with James Kennedy of Havertown, Pennsylvania, in his wrongful termination suit. Judge Susan A Flynn awarded back pay and forced Chipotle to offer to re-hire Kennedy, 38, who has …

COMMENTS

Post your comment
House rules Send corrections
Add to 'My topics' unstar *
  1. Anonymous Coward
    Anonymous Coward

    Good

    I posted my experience of how poor the support was when I had a fault with my ISP (also my employer).

    The customer service 'experience' was appalling.

    I was asked to perform tasks that would be beyond many non-technical people to 'prove' the fault wasn't within my premises.

    I wasn't happy so complained.

    For speaking the truth about how I was treated I nearly lost my job.

    I really wouldn't be that bothered if they fired me (a good lawyer might add to the fun) but it is sad when you are threatened for telling the truth.

    But you're okay Rupert, I'll be good from now on.

    19 1 Reply
    1. Dr Scrum Master
      Reply Icon

      Re: Good

      Never mind, I suppose the Sky's the limit?

      9 0 Reply
    2. Anonymous Coward
      Reply Icon
      Anonymous Coward

      Re: Good

      Last time i had shit like that my union representative came in and helped sort it. Well worth £7 a month!

      14 2 Reply
      1. Anonymous Coward
        Reply Icon
        Anonymous Coward

        Re: Good

        When it happened to me, the union wasn't worth a shit. Their guys were in on the conspiracy, protecting their turf.

        2 0 Reply
    3. cortland
      Reply Icon

      Re: Good

      Some years BT (Before Tweet), I quit my job at what was then a large computer company by resigning with an email to the CEO – and "ALL"– about restrictions the Chaebol taking over the firm had put on the ability of non-Koreans to make necessary design changes. Needless to say, my resignation was accepted.

      After the Koreans got there many others left as well; one Web site I found later said the company entered bankruptcy after an "exodus of talent". I had by then gotten a much better job elsewhere, at a higher level of responsibility. I suspect the increase in pay more than made up for not staying around to get the severance package.

      1 0 Reply
      1. sabroni Silver badge
        Reply Icon
        Happy

        Re: Needless to say, my resignation was accepted.

        Yeah, that was pretty unprofessional....

        0 1 Reply
        1. Anonymous Coward
          Reply Icon
          Anonymous Coward

          Re: Needless to say, my resignation was accepted.

          Without full details on the events leading up to the resignation, it is not reasonable to call this unprofessional.

          Sometimes the 'Grand Gesture' is all you can do if forced by events to resign.

          It could be in some circumstances unprofessional but NOT ALL!!

          Unprofessional is usually bandied about when someone is on the 'receiving end for a change' and suddenly realises what it feels like.

          0 0 Reply
  2. a_yank_lurker

    Feral Requirments

    There are some details about this case that smell. The fact the ferals got involved indicates that the PHBs did not pay attention to labor relation law. The part about not allowing proper breaks could be a state issue. FLSA (Fair Labor Standards Act - feral level) only requires one 30 minute break (unpaid) per 8 hour shift. In other words to obey FLSA workers are to be given a 30 minute lunch break. The employer can allow a longer break at their discretion. Also, unless mandated by state law or union contract there are no other breaks required. If the PHBs failed on this one, they are incredibly dim; below Congress critter levels of stupidity.

    2 9 Reply
    1. Anonymous Coward
      Reply Icon
      Anonymous Coward

      Re: Feral Requirments

      Get ya hand off it Daryl

      0 2 Reply
  3. Gray
    Big Brother

    "At Will" states

    The employer screwed up by stating a reason for the termination. In many US states that have "at will" statutes, an employee can be terminated without cause; it's only when a specific cause is stated that the employer can be held accountable. (There are exceptions, but a clever HR manager can slip around them.)

    "Goodbye, John. Gather your personal belongings while the guards watch; they'll escort you from the building."

    "Why? For God's sake!"

    "Because you are no longer employed here. Goodbye."

    Case closed.

    7 0 Reply
    1. Anonymous Coward
      Reply Icon
      Anonymous Coward

      Re: "At Will" states

      'The employer screwed up by stating a reason for the termination. In many US states that have "at will" statutes, an employee can be terminated without cause; it's only when a specific cause is stated that the employer can be held accountable. .'

      Reading the story, I'm assuming that the idea behind stating a reason for termination was a weasel move on the part of Chipotle and their evidently brilliant PR+HR+legal teams to try and fubar the sackee's chances of gaining future employment.

      Looks like they picked on the wrong Peon...

      11 1 Reply
      1. Anonymous Coward
        Reply Icon
        Anonymous Coward

        Re: "At Will" states

        Not sure about the rules in PA (as they vary by state) but it's also likely that the "reason" for losing his job has an impact on whether or not he is eligible for unemployment benefits.

        Brits who grew up claiming the rock-n-roll during summer holidays may have trouble realizing this, but in the US you can easily be denied unemployment benefits if you are sacked "for cause" or leave of your own accord. If you are single, healthy person that means getting another job sharpish or begging for food.

        (Yes I am well aware that because of abuses in the past it is much harder to claim the dole in the UK now)

        1 0 Reply
  4. Winkypop Silver badge
    FAIL

    Sacking illegal

    But lack of breaks and a wage-slave hourly rate = OK

    Move along.

    12 1 Reply
    1. Andy 97
      Reply Icon

      Re: Sacking illegal

      Coming soon to a TTIP country near you...

      21 1 Reply
  5. ZootCadillac

    The only thing

    that I think I reliably know about Chipotle is that it gives you a very bad arse. Thanks South Park.

    I hope I'm not sued.

    14 0 Reply
  6. Anonymous Coward
    Anonymous Coward

    Public pressure needed? Court of public scrutiny on twitter?

    Perhaps The Foodbabe(TM) should have gone after Chiplotle's employment policies rather than their use of GMO-derived ingredients.*

    There is an IT angle - she is "former management consultant who has a degree in computer science"

    * http://www.forbes.com/sites/danschawbel/2015/02/10/vani-hari-how-she-grew-her-food-blog-into-an-empire/#67fa391ee6ed

    *read them bending over here http://chipotle.com/GMO

    0 3 Reply
    1. Anonymous Coward
      Reply Icon
      Anonymous Coward

      Re: Public pressure needed? Court of public scrutiny on twitter?

      have a downvote for the fucking Forbes link.

      3 1 Reply
    2. Anonymous Coward
      Reply Icon
      Anonymous Coward

      Re: Public pressure needed? Court of public scrutiny on twitter?

      Have a down vote for mentioning that quack-of-quacks The Foodbabe(TM)

      2 0 Reply
      1. Anonymous Coward
        Reply Icon
        Anonymous Coward

        Re: Public pressure needed? Court of public scrutiny on twitter?

        Trust me, I have no love for that woman. But as Kevin Folta said the other day, her communication skills are good; she is very adept at marshalling (manipulating) her followers.

        That she is either cynically exploiting this for business success (nice mansion, nice holiday...), or naïve (though I doubt it) in her belief about Chemikills, nutrition et al it all pans out to the same thing - an anti-science movement par excellence* and that is evil for want of a better word.

        *Though Mercola, and other agents of darkness also exist

        1 0 Reply
  7. whoseyourdaddy
    Pirate

    Fewer Chipotles more Subways in the bay area, please.

    But, the larger problem is Chipotle and Starbucks are magnets for slow people with limited cognitive abilities (can't make a f*cking decision or too stupid to understand the fajita veggies are onions and green peppers together, not separate.)

    Don't get me started on the lie about all the white rice they foist on you being healthy.

    1 1 Reply
    1. I. Aproveofitspendingonspecificprojects
      Reply Icon

      What lie?

      > the lie about all the white rice they foist on you being healthy.

      More please.

      1 0 Reply
  8. MachDiamond Silver badge

    Break time.

    In the US, required breaks can vary from state to state, but most require AT LEAST 30 minutes for a meal (paid or unpaid) and two paid 15 minute breaks when working an 8 hour shift. The requirements change for shifts less than a certain period of time, but at least one paid break must be given on a shift of any duration.

    I've never employed anybody part-time or worked for an employer part-time myself so I can't remember what the exact requirements are.

    Fast food restaurants are notorious for violating work rest rules.

    0 0 Reply
  9. MachDiamond Silver badge

    Free tip

    Don't trash your boss on social media if you were stupid enough to let them know your account name. Telling the boss he's (or she's) a complete arse in public is a bad career move. The best thing they can do is fire you. The worst thing they can do is make your work life hell so you quit on your own and therefore cannot collect unemployment benefits.

    0 0 Reply
  10. Stevie

    Bah!

    Interesting. In the mid 70s everyone saw the inherent wisdom of the Japanese practice of supplying a room equipped with a dummy who would stand in for the boss or a customer or the firm or whatever. Employees could retire to the room and rage-beat the dummy when the pressure got too much.

    Now, 40 years on, employers don't get the need to vent about perceived injustice at work, actively seek out evidence of such activity on the web and take even more punative action when they find it.

    I can't wait to see what the next big pradigm change will wreak. Child chimney sweeps?

    0 0 Reply

POST COMMENT House rules

Not a member of The Register? Create a new account here.

Forgotten password ?

  • Enter your comment

  • Add an icon

Anonymous cowards cannot choose their icon

Other stories you might like