Ex In-N-Out Employee Claims Wrongful Termination After Reporting Safety Violations

An ex In-N-Out Burger employee claims he was wrongfully terminated by In-N-Out Burger, a California restaurant chain. According to the lawsuit, the plaintiff claims he was fired in retaliation after reporting a number of alleged COVID-19 safety violations.

The Case: Becerra v. In-N-Out Burger

The Court: State of California Superior Court, Los Angeles County

The Case No.: 21 STCV1 7 045

The Plaintiff: Becerra v. In-N-Out Burger

The plaintiff in the case, Becerra, is a former In-N-Out Burger employee. Becerra claims that he noticed some apparent Covid-19 safety violations, and reported them to the company. According to the allegations, Becerra was terminated shortly thereafter in retaliation. The plaintiff worked as a butcher for the company from July 2015 through May 25, 2020.

The Defendant: Becerra v. In-N-Out Burger

The defendant, In-N-Out Burger, a popular California restaurant chain, alleged Becerra has “falsely used his sick time” and accused him of lying about suffering from asthma. In-N-Out claims that the plaintiff’s reporting of alleged Coronavirus safety violations in February 2020 was the final straw, and Becerra was fired 3 months later. Becerra claims that he was improperly written up by the company and that he was actually fired in retaliation for reporting the Covid-19 safety violations.

The Case: Becerra v. In-N-Out Burger

Additionally, the plaintiff claims that he was improperly disciplined multiple times during his employment when he needed to take protected time off. According to the plaintiff, even when he provided valid reasons supported by documentation for protected time off, In-N-Out would write him up for the approved leave. For example, after a domestic violence incident on January 5, 2018, the plaintiff reached out to the InNOutCares team to report the situation and request a couple of days off to recover. HR reassured him that the missed days would not count against him/would be excused. However, the plaintiff was actually written up and disciplined for the “uncovered” absences. He also claims that the supporting documents regarding the domestic abuse were deleted from his employee file.

If you have questions about California employment law or if you need to file a wrongful termination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.