NEW YORK (1010 WINS) — New York City is suing Starbucks for firing an employee just days after the Astoria storefront he worked at voted to unionize in what the Department of Consumer and Worker Protection believes was retaliation for his role as a union organizer.
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An investigation from the DCWP determined Starbucks violated New York City’s “just cause” labor law, which made it illegal to fire or significantly reduce the hours of fast food workers without warning or just cause such as misconduct.
This is the city’s first lawsuit for a violation of the “just cause” law, which took effect in July 2021.
“We do not comment on pending litigation,” a Starbucks spokesperson told 1010 WINS. “However, we do intend to defend against the alleged violations of the New York City Just Cause Law.”
Starbucks fired 28-year-old Austin Locke on July 5, less than a week after the store he worked at voted seven to four to become the second Starbucks in Queens to unionize.
The coffee chain fired him after he had been out sick, and claimed in a complaint filed with the Office of Administrative Trials and Hearings that he had failed to complete a COVID-19 questionnaire upon returning, according to documents obtained by the New York Daily News.
Locke said he told his supervisor he could not find a tablet to complete the questionnaire on.
He had worked there since 2016.
“It‘s been a year since the campaign with Starbucks Workers United began at a Starbucks in Buffalo, NY,“ said Locke. “There are now 235 unionized Starbucks around the country. Starbucks continues to wrongfully fire pro-union workers nationwide in retaliation for union organizing. Starbucks Workers United demands Starbucks rehire all illegally fired workers and put an end to their illegal union-busting campaign.”
In early August, Starbucks Workers United claimed the company fired 70 pro-union workers as stores continue to unionize across the country.
Unionized store fronts have gone on strike to demand pro-union colleagues who were fired be reinstated.
The DCWP is seeking Locke’s reinstatement with back pay, compensation for lost work and civil penalties. The agency is also demanding compliance with New York City’s Fair Workweek Law, which includes the “just cause” law, moving forward.
“As we approach Labor Day, it’s important to remember that workers are the backbone of our city and deserve the right to organize to promote safer and fairer work practices,” said DCWP Commissioner Vilda Vera Mayuga. “To all New York City fast food workers, if you believe you have been illegally fired from your workplace, do not hesitate to contact us.”
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