Lander's New Bill To Help Fast Food Workers 'Fired On A Whim'

BROOKLYN, NEW YORK — Just before Thanksgiving last year, Princess Wright found herself without a job after she called out of a shift at McDonald's in Downtown Brooklyn for a personal emergency.

The full-time student, who has worked at McDonald's for four years while she pursues her degree, said she had already told her boss she couldn't work that day but made time to when she was put on the schedule anyway. But, when an emergency came up she called well in advance to let him know she couldn't make it.

"He was very understanding when he discussed the situation with me," Wright explained at a rally in front of City Hall this week. "But, when I came in for my next shift, he fired me, citing a list of write-ups that I had never seen before."

Wright struggled without an income as she fought for her job, but was eventually would be given back four days later.

But, Wright and other advocates said this week, she was one of the lucky ones.

65 percent of the city's fast food workers have had their jobs terminated without their employers giving a reason, according to a new report by Brooklyn-based nonprofit The Center For Popular Democracy.

Two new bills proposed this week by Brooklyn city Councilman Brad Lander and Queens Council Member Adrienne Adams hope to change that. The bills will ensure workers are only fired for "just cause," the lawmakers said at a rally before introducing the bills Wednesday.

“Fast food workers are some of our most vulnerable workers, and they work within a system where they can be fired for ‘not smiling enough,’" Lander said. "But it doesn’t have to be this way.

Of the workers who lost their jobs, or experienced cut hours, 62 percent experienced financial hardship, like housing instability or food insecurity, the report said.

Advocate Kyle Bragg, treasurer with service employees union 32BJ SEIU, said these financial difficulties can be the difference between having a stable home to becoming homeless. Many fast food workers live paycheck to paycheck to support themselves and their families, he said.

The new bills would prohibit employers from firing someone for any reason other than their failure to perform job duties or misconduct in the workplace that harms the employer's legitimate business interests. Employers also wouldn't be able to fire employees without a "bona fide economic reason," a release about the bill said.

And, to prevent employers from skirting the new law, it would consider a reduction in hours of 15 percent the equivalent to termination. Fast food workers said this will protect against a tactic used by employers in the city.

"They reduce our hours so much that some of us have no choice but to quit because we cannot survive on what we earn from so few hours of work,"said Elaina Latrese, who has worked in the industry for six years. "This is unfair and unacceptable. We deserve dignity and job security instead of being treated as disposable."

The bill was introduced on Wednesday, Feb. 13 and has six sponsors including Lander and Adams.

Photo provided by Councilman Lander's office.