Thread: Tracy workers fired after skipping work for immigration boyc

http://www.mercurynews.com

Posted on Thu, May. 04, 2006

Tracy workers fired after skipping work for immigration boycott


Associated Press

TRACY, Calif. - Chevy's Fresh Mex restaurant fired eight employees who skipped work to attend an immigration rally, prompting four other workers to quit in protest.

The prep cooks and dishwashers who were fired said they asked for the day off but were told by managers that they'd be fired if they didn't show up Monday.

Allen Beebe, owner of the restaurant's parent company, Calmex Inc., said some workers did not show up, leaving the restaurant with less than half its kitchen staff.

"Eight people did not show up. Imagine what that does with a staff of 13 in the kitchen," he said.

Some of the employees said they worked a full shift the day after the boycott and assumed their absence was not a big deal.

"To me, if you don't show up to work, you've quit," Beebe said.

Workers took the day off at restaurants Beebe owns in Modesto and Fresno, but only employees of the Tracy restaurant were fired because they did not notify management, he said.

The workers said they went to Monday's immigration rally in Stockton, which drew about 10,000 people.


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Information from: Tracy Press, http://www.tracypress.com

http://www.tracypress.com/local/2006-05-04-worker.php



Dismissed: Members of the kitchen crew fired from
Chevy’s Fresh Mex include, from front left: Leonela
Perez, with her children, Alexis and Uriel; Maria Huerta,
who was not fired but quit; Daniel Hurtado; and kitchen
supervisor Fernando Martinez, who was not fired. From
back left: Cecilia Arellanes; Francisco Valenzuela;
Nicholas Andrade, who was not fired but quit; Alfredo
Silva; Tomas Martinez; and Adan Rodriguez.

Restaurant workers fired after protest
Bob Brownne

Tracy Press

A group of Tracy restaurant workers were fired this week after they failed to show up for work to protest against tougher immigration laws.

Fernando Martinez, a kitchen supervisor at Chevy’s Fresh Mex restaurant near West Valley Mall, said four others at the popular Mexican restaurant also have left their jobs after eight of their co-workers were dismissed.

“No one’s going to stay knowing that the whole team got fired,” he said.

Martinez, who said he was still employed at Chevy’s as of Wednesday, spoke on behalf of his co-workers, who risked their jobs when they went to Stockton on Monday to protest proposed changes in national immigration law.

The people who were fired, including cooks — prep cooks and dishwashers — said through an interpreter that they are all legal residents and had asked for the day off so they could join the protest in Stockton that drew an estimated 10,000 people.

Some said they went back to work Tuesday, worked a full shift and assumed the company accepted their absence the day before.

“The management people said, ‘You guys can work,’ then told them today, ‘All you who didn’t show up, you’re fired,’” Martinez said.

Allen Beebe, owner and president of Calmex Inc. of Modesto, parent company for the Tracy Chevy’s, said management knew about the May 1 protest and tried to accommodate workers who planned to take the day off.

“We did not terminate anybody because they went to a rally,” he said.

But Beebe said the company did fire people who took the day off without any notice or even a phone call before their shifts. His company’s policy, which all employees read and sign, states that this is cause for termination.

“Eight people did not show up,” he said. “Imagine what that does with a staff of 13 in the kitchen. To me, if you don’t show up to work, you’ve quit.”

He added that the issue came up in four other restaurants he owns, including Chevy’s and Fuzio restaurants in Modesto and Fresno, but the Tracy restaurant is the only Chevy’s restaurant where people got fired for not showing up.

“If they had asked, we definitely would have worked with them to accommodate their needs,” he said. “We work around school schedules, extra-curricular activities and sports, even single moms.”

Gary Rickles, director of operations for Calmex, said he went to all the restaurants beforehand to see if anyone intended to take Monday off. He also reminded people of the company’s policy regarding no-shows.

“We took the initiative to talk to every employee and let them know that if they had plans, we’d work with them, and not one said they wanted to take the day off. Every single employee, everyone said, ‘Don’t worry, I’ll be at work Monday.’”

Martinez said his co-workers had asked for Monday off at least a week in advance.

“They all wanted to get that day off. The answer they got was, ‘You guys don’t show up, you’re fired.’”

Not sure who is telling the truth here, but if you are a no call no show and you are not physically ill or have a family emergency or other type of emergency that is grounds for dismissal. Also by the same token if you request time off that is not emergency related and are denied due to loss of production as was the case of this restaurant and still take the day off that is also grounds for dismissal.