Lawsuits: Domino's, Pizza Hut, Papa John's and franchisees


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I've contacted Mark a couple times about the behavior of my supervisor. The first time was after her attempt to bully me in the office: "What's your problem with the mileage? Do I understand you're filing a lawsuit against us? If the pay is so low why are you still here? Why don't you just go to Domino's?" Mark wrote up an email for me to toss in her direction, he said she shouldn't have said that :x Afterwards, a shift manager of mine told me that same supervisor had told them to make my job miserable to get me to quit. I relayed that to Mark, again he wrote up an email for her lawyer, and ever since then she's been at my store almost every single day I'm there. Before she would maybe show up like once or twice a week, tops, and just sit around playing Candy Crush and eat food and sometimes mention her job is hard.

I just recently felt confident enough I could get another driver in, she was more than happy to join. The rest of the drivers, they mostly honestly weren't great employees, and had been wanting to quit anyway. One of them had a death in the family, so she had to move, another failed to take a drug test after an accident (somehow they didn't catch that for like two months...), one just shit quit because he got another job, then said two days later he couldn't show up because of other said job... Tomorrow I get to have a phone call with the NLRB about the arbitration agreement I apparently signed somewhere in my time with my franchise, Mark says it'll take maybe 15-20 minutes. After my supervisor had her friendly conversation with me in the office, my shift leader there at the time felt the need to remind me that I did sign an arbitration agreement, as though that was some sort of nail in my coffin for trying to get the right thing done (I'm assuming the two used the time I was out on a run to preface the encounter).

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PostPosted: Wed Jun 01, 2016 4:46 pm
Diorte wrote:I've contacted Mark a couple times about the behavior of my supervisor. The first time was after her attempt to bully me in the office: "What's your problem with the mileage? Do I understand you're filing a lawsuit against us? If the pay is so low why are you still here? Why don't you just go to Domino's?" Mark wrote up an email for me to toss in her direction, he said she shouldn't have said that :x Afterwards, a shift manager of mine told me that same supervisor had told them to make my job miserable to get me to quit. I relayed that to Mark, again he wrote up an email for her lawyer, and ever since then she's been at my store almost every single day I'm there. Before she would maybe show up like once or twice a week, tops, and just sit around playing Candy Crush and eat food and sometimes mention her job is hard.



I am glad that Mark is assisting you with this stuff. More comments below on this issue.



Diorte wrote:You can go ahead and mention me on reddit, same username, Diorte in both places.


Cool, when I get off my ass I'll tell the two other stories I have, and make an update to the lawsuit story; where I'll include your lawsuit and another lawsuit being filed against a food delivery company due to my urging.

Although I want to ask you again, I would like you to give me permission to post that you to post your complaint. Understand that posting your complaint will dox you; will associate your real name with your online persona. If you have any concerns about being doxxed let me know. I would also suggest you speak to Mark about this issue.

Diorte wrote:I just recently felt confident enough I could get another driver in, she was more than happy to join. The rest of the drivers, they mostly honestly weren't great employees, and had been wanting to quit anyway. One of them had a death in the family, so she had to move, another failed to take a drug test after an accident (somehow they didn't catch that for like two months...), one just shit quit because he got another job, then said two days later he couldn't show up because of other said job...


These people that have already quit, they should be the ones you are going after to join you as named plaintiffs, but a word of warning: if you obtain additional people as named plaintiffs they will have a voice in making decisions regarding any settlement, same if they are class representatives. At this point you do not need them, unless Mark is afraid of your arbitration agreement, which he should not be afraid of.

Diorte wrote: Tomorrow I get to have a phone call with the NLRB about the arbitration agreement I apparently signed somewhere in my time with my franchise, Mark says it'll take maybe 15-20 minutes. After my supervisor had her friendly conversation with me in the office, my shift leader there at the time felt the need to remind me that I did sign an arbitration agreement, as though that was some sort of nail in my coffin for trying to get the right thing done (I'm assuming the two used the time I was out on a run to preface the encounter).


It sounds like Mark is taking the lead in addressing this issue with the NLRB, that's good. The arbitration agreement will, with almost 100% certainty, be ruled to contain clause that violate your rights. I dealt with my arbitration agreement last year through the NLRB, as you can see in this post, NLRB Case 19-CA-148921. You and Mark will likely have the same outcome as I did, biggest difference is that you have an attorney fighting your case so the NLRB will likely force your employer to pay your attorney's fees associated with filing those charges. Mark will probably be addressing the threats of retaliation and coercive acts by your employer.

The NLRB (national level) has ruled, initially in the D.R.Horton ruling, and then again in the Murphy Oil ruling that Mandatory Arbitration agreements that preclude certain group practices or addressing workplace issues in any forum violates employee's rights under the NLRA. I am supremely confident that your arbitration agreement will be modified so as to make it pointless, in regards to you addressing this issue in court and through collective action.

I really need to get off my ass and tell the stories I meant to tell and update the lawsuit story. Maybe this week.
Don't expect others to fight your Battles

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PostPosted: Wed Jun 01, 2016 8:30 pm
I'd rather the case not be posted to reddit, just an inclusion that I'm helping to do something about it if you want. Ideally I'd like everything to be settled before I'm mentioned at all. I don't mind sharing here, but on reddit, I'd prefer to remain as anonymous as I can.

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PostPosted: Thu Jun 02, 2016 2:19 am
Diorte wrote:I'd rather the case not be posted to reddit, just an inclusion that I'm helping to do something about it if you want. Ideally I'd like everything to be settled before I'm mentioned at all. I don't mind sharing here, but on reddit, I'd prefer to remain as anonymous as I can.


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