Workers File Lawsuit for Violation of ‘Right to Recall’ Law

The first lawsuit for a violation of Connecticut’s new “Right to Recall” law that protects seniority for service workers was announced on the steps of State Superior Court by a group of Connecticut service plaza workers and their supporters.

“I worked at the McDonald’s at the Darien Northbound rest stop for 26 years,” said Mario Franco, one of three plaintiffs in this first-ever lawsuit. “I was laid off with the entire night shift when the pandemic hit, but they did not rehire a group of us, choosing new workers instead.”

“Some of us also took our case to the National Labor Relations Board, but none of us deserves this kind of treatment. We are all good workers. Michell’s McDonalds is treating us like we are nothing. We deserve our jobs back,” Franco declared.

Introduced by the Labor Committee and passed by the state legislature in July, the “Requiring Employers to Recall Certain Laid-Off Workers in Order of Seniority Act” was signed into law in July,

The law protects service employees, in majority Black, Latino and women, who were laid off during the pandemic, from losing their jobs to new hires.

Connecticut is a national leader to protect workers seniority during the worst global health emergency in a century. California, Nevada, and cities including New Haven enacted similar laws.

Speakers included Labor Committee co-chairs Senator Julie Kushner and Representative Robyn Porter, who led the fight for passage of the bill; Unite Here Local 217 Secretary-Treasurer Josh Stanley, which represents hotel and food service workers, and 32BJ SEIU Vice President Rochelle Palache, who leads the organizing of Connecticut interstate service plaza workers for fair pay, benefits, and the right to join a union.

“It’s simply disgusting that Mitchell’s McDonald’s and other service plaza employers are using the cover of Covid to abuse workers like Mario,” Palache said.

“This first lawsuit covers the three most senior workers who were never recalled after the massive layoffs early in the pandemic, while the company made new hires. But bad bosses everywhere are being put on notice to recall their workers in this pandemic. This lawsuit will remind them that their actions aren’t just immoral, they’re now also illegal,”emphasized Palache.