Don’t count on getting off the hook if you are sued as a joint employer.
Recent case: Several former line cooks for a Mexican restaurant sued after they were discharged, alleging that they had been terminated because they are white. They saidtold them that hiring Hispanics was the company way and that Hispanics worked harder and for less money than other workers.
The former employees sued the restaurant, which was a franchise, as well as the company that owned the underlying franchise concept. That company claimed it had no control or direct involvement with the franchise.
The court refused to dismiss, concluding that the former employees should have a chance to prove that they were under two employers. (Stepan, et al., v. Bloomington Burrito Group, et al., No. 14-3288, DC MN, 2014)