In fact, a class action lawsuit is filed against McDonald’s in federal court of Illinois. The plaintiff is Leilani Deslandes, who worked for McDonald’s franchise in Florida. She held the job position of a department manager. The suit accuses McDonalds of using a policy, which forbids hiring workers from other franchises. According to the plaintiff, when the fast food giant hired her, she had to agree to their non-compete clause.
In addition to that, Deslandes says because of the non-compete clause she had to lose the opportunity of having a better paid job at the McDonalds restaurant located in Olrando. This occurred n 2015. The suit alleges McDonalds violated federal and Illinois antitrust laws. It’s worth mentioning that the headquarters of McDonalds is in Illinois.
The suit claims that employers fail to hire workers from other franchises and it impacts the mobility of employees in a negative way. Moreover, this policy results in the growth of employers’ power in the market. On the contrary, it decreases the bargaining power of employees, as the complaint notes.
Additionally, this affects especially those people who work for McDonalds and its franchises. The reason is that these employees usually receive a sum of money, which is less that living wage.
Another essential point mentioned in the lawsuit is that employees of the fast food giant develop certain marketable skills when working for McDonalds. However, these skills are valuable only for other McDonald’s restaurants. This means that they don’t transfer to other businesses which are similar to McDonald’s.
Further, the complaint says the company’s ‘’no-hire’’ clause prohibits other McDonald’s restaurants to offer a job position to a person, who worked for other franchise during the previous six months. Thus, with this step McDonald’s violates also Consumer Fraud and Deceptive Business Practices Act of Illinois.
Actually, the plaintiff started working for McDonald’s restaurant located in Florida. Here her hourly rate was $7. Later she held the job position of a department manager and received $12 per hour.
Since then, Deslandes has aimed to become a general manager. To achieve this goal she should take part in training coursework, as well as online classes and telephone conferences.
So, it was in 2015, when she was about to travel to the company’s headquarters to participate in a training course. However, she didn’t attend this training, as her supervisor became aware of her pregnancy.
The plaintiff made up her mind to seek another managerial job, where the employer will appreciate her skills and give her the chance to get a promotion taking into account her job performance.
Finally, Deslandes succeeded in finding a managerial job at one of the company’s franchises, where she could receive $15 per hour. However, she didn’t get this job, because of the McDonald’s ‘’no-hire’’ clause.
The reason was that she was working for another MCDonald’s franchise at that time and the franchise owner refused to release her from the contract, saying that she is ‘’too valuable’’. As a consequence, Deslandes lost the opportunity of having a better paid job. So, she continued working for the Bam-B franchise.