Subway is a chain of sub sandwich shops with over 37,000 locations throughout the world, though more than half its locations are in the U.S. The first Subway location opened in 1978 in Fresno, California, and the company exploded in popularity during the early 2000s. While Subway is a fast food restaurant, they offer healthier versions of sandwiches, wraps, and salads, compared to places like McDonalds and Burger King.
Though healthy menu items are helpful to Subway customers, what about a healthy work environment for the millions of people that work for the company? Sadly, Subway has had its share of labor violation lawsuits over the years, including:
- A lawsuit filed by a former Subway manager in Charleston, West Virginia after she was terminated for complaining about sexual harassment from one of her superiors.
- A class action lawsuit filed by Subway workers in Los Angeles. The plaintiffs allege that they were denied compensation for rest and meal breaks, overtime and business expenses.
- A discrimination lawsuit filed by the EEOC on behalf of a Subway worker who was fired after disclosing his HIV status to the company.
As someone who was wrongfully terminated by a Subway restaurant, you may be eligible for compensation through an unlawful termination lawsuit. However, these lawsuits can be very complicated due to the legal procedures that are involved, not to mention the burden of evidence that’s required to prove your case. That’s why we encourage you to speak with a Subway restaurant employee discrimination and wrongful termination lawyer as soon as possible.
What Does it Mean to be Wrongfully Terminated?
First, it’s important to understand that a firing is not necessarily illegal just because it was unfair. California, after all, is an at-will employment state, meaning that the employer or the employee can terminate the working arrangement at any time, for just about any reason. But there are exceptions to the at-will policy, and these generally involve acts of discrimination and retaliation. Discrimination involves unfair treatment of a worker based on characteristics that are protected by the U.S. Equal Employment Opportunity Commission. If a worker complains about such actions to their HR Department, their employer cannot retaliate against them with other acts of unfair treatment, including wrongful termination.
Unfortunately, that’s precisely what happens to countless fast food workers throughout the United States. Even if these workers are not fired, they are demoted, suspended, or have their wages reduced as punishment for daring to assert their rights under state and federal labor laws. To ensure that you’re aware of your rights in the workplace, here are some examples of protected characteristics when it comes to workplace discrimination and retaliation:
- Age
- Disability
- Sexual orientation
- Religion / cultural beliefs
- Gender / gender preference
- Marital status
- Pregnancy / maternity
- Race or ethnicity
- HIV or AIDS status
- Veteran status
While this is not the complete list of the classes that are protected under federal law, it gives you an idea of how a worker’s status can be used against them by an unjust employer. To ensure that you have a case of wrongful termination as a former Subway employee, please take some time to discuss your case with a wrongful termination lawsuit attorney.
Wrongful Termination Based on a Public Policy Violation
Aside from acts of discrimination, workers in California can also be subjected to public policy violations. For Subway workers, these usually take place in the form of 1) wage and hour complaints and 2) failure to give bathroom breaks and rest periods throughout the workday.
California law forbids employers from denying bathroom breaks to employees, as long as the requests are reasonable. For example, if an employee is asking to use the bathroom every 10 minutes, that would be seen as unreasonable, especially during the busiest times of the day. In addition, Subway employees have the right to take a 10-minute break for every 4 hours of work, along with an uninterrupted lunch period of at least 30 minutes.
If Subway has fired you or retaliated against you for complaining about a public policy violation, our lawyers are here to advise you of your rights under California law.
Average Case Value of a Wrongful Termination Lawsuit against Subway
When we set out to calculate the value of a wrongful termination case, we need to determine the damages you are entitled to, which may include:
- Compensation for lost front and back pay
- Value of lost work benefits (PTO and health insurance, for example)
- Reimbursement for medical expenses
- Pain and suffering
- Loss of professional reputation
- Legal fees
- Punitive damages
Depending on the payments you are eligible to receive, the level of discrimination you suffered, and many other factors, your case may be worth anywhere from $5,000 to over $100,000. If you’d like to get a better sense of what you can recover from a successful lawsuit, please call to schedule a free case evaluation.
How Long will it Take to Settle my Case?
How long it takes to receive payment from these cases varies from case to case, due to many factors that are beyond our control. Much of the timeline has to do with the legal actions that are necessary to settle your claim. Ideally, we can achieve a fair resolution through the state or federal labor board, which does not require intervention by the courts. But if this process does not work out, we can move forward with a lawsuit, which can take one or more years to resolve. Depending on whether your case goes to trial, it may take up to several years to bring you compensation from a wrongful termination lawsuit.
Statute of Limitations to Sue Your Employer for Wrongful Termination
Your statute of limitations is determined by the circumstances that led to you being unlawfully fired by Subway. For example, if you were fired as an act of retaliation, the time limit to sue your employer is 3 years from the date of termination. Alternatively, if you were terminated for exercising a legal right or privilege, the deadline to sue is two years from the day you were fired. Basically, the timelines and procedures for a wrongful termination complaint vary depending on the issues that led to your being fired. To make sure that you are aware of the correct deadline to file your lawsuit, contact us right away for guidance from a Los Angeles wrongful termination attorney.
Second Opinion from a Workplace Discrimination Lawyer
Are you feeling anxious over a pending unlawful termination case against Subway? Are you worried that your case is going nowhere or that it’s on the wrong track altogether? It sounds like you would benefit from a free second opinion with the lawyers of California Labor Law Employment Attorneys Group. Maybe there’s nothing wrong with your case, but it’s better to take action than ignore your instincts when it comes to something as important as a lawsuit. As this is a completely free service, there’s nothing to lose by discussing your claim with one of our attorneys and learning about your available legal options. Simply contact our office to schedule a free second opinion on your existing Subway discrimination and wrongful termination case.
Lawyer in California with Experience in Employee Discrimination Cases
Subway sets itself apart from other fast food restaurants with its “Eat Fresh” philosophy. However, they are no different than their competitors when it comes to labor law violations, including discrimination and retaliation in the workplace. If you are the victim of wrongful termination by a Subway restaurant, our lawyers are ready to fight for you and the compensation you deserve.
At our law firm, all clients are protected by the Zero Fee Guarantee. That means you pay nothing upfront, as we wait to receive payment from Subway at the end of your case. In essence, we don’t make a penny unless we win your case and bring you payment from a wrongful termination lawsuit.
Our phone lines are open 24 hours a day, 7 days a week, so please call us right away if you need legal advice from an experienced labor law violation attorney.
