Subway fires 80-hour-a-week worker from 1 job after Oregonian story

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jason73

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Keith Fons showed up for work Nov. 9 at the Subway he manages in downtown Portland, expecting a normal Monday morning rush.

A day earlier, The Oregonian's front pagefeatured a story about Fons and the everyday challenges that low-wage workers face. The 35-year-old father worked as many as 80 hours every week at two Subway shops to provide for his wife, who has multiple sclerosis, and their three young children.

The family's story of making it work on $11.50 an hour struck a chord with readers and dozens offered to help. One befriended Fons on Facebook and sent money. Another donated a box of Christmas presents for the kids.

Fons was overwhelmed by the outpouring of support from strangers.

But less than a week after The Oregonian/OregonLive shared Fons' story, he was fired from his second job, at a 24-hour Subway near Northwest 21st Avenue and West Burnside Street. Losing half his hours will cost his family $1,400 to $2,000 a month.

"People say, 'Do what you love.'" Fons said Monday, wearing a puffy down coat given to him by a customer in recent days. "I loved working for Subway and customer service."

Gray area

Fons said he knew something was amiss Nov. 12, when the owner of both stores, Larry Dennis, carried a legal folder into the store. Dennis and his attorney presented Fons with a check for about $1,500 and asked him to sign a "confidential release agreement" that stipulated he wouldn't sue for back wages or divulge the terms.

They told him he was being let go from his graveyard shift at the Burnside franchise.

He signed the document, he said, because he didn't know what else to do. After wrestling with whether to talk about the termination for 11 days, Fons told his story to The Oregonian/OregonLive.










Although Fons worked up to 80 hours every week, he believed he did not accrue overtime because the stores were separate entities. State labor regulators say that is correct if the companies are truly distinct.

When he was terminated, Fons said, he was told the working arrangement was a "legal gray area." Charlie Burr, a spokesman for the state Bureau of Labor and Industries, said the agency would look into the arrangement if it received a complaint – but it had not.

Dennis, who owns the two companies that run the Subway franchises where Fons worked, declined an interview request and hung up on a reporter Monday. In a voicemail, he confirmed Fons still worked full time at the U.S. Bank tower store.

Subway corporate spokesman Kevin Kane also confirmed Fons still worked at the downtown location. He did not specify why Fons' hours were cut from the other westside store.

After he was terminated, Fons said he was told he would need to work one more graveyard shift, because no one else could cover it.

Fons said he feels like the company tossed him to the wolves.

"I'm done with this chapter," he said. "Not by choice, but I'm done with it."

He's already looking for a second job.

Not Alone

Fons' story reflects the culture of fear found in many low-wage workplaces, said one longtime Portland labor advocate.

Terminations like Fons' create a chilling effect that may keep workers silent, even if employers make them work outside normal hours, refuse to allow breaks or otherwise steal wages, said Michael Dale, executive director of the Northwest Workers' Justice Project.

Dale said many workers in the fast-food industry worry about consequences for speaking up.

"Workers should be able comfortably to speak about the issues at work that concern them," Dale said. "It's shameful if they are retaliated against for simply expressing what happens at work."

Not a quitter

Thanks to donations from readers, which helped pay November bills, Fons said the family won't immediately feel the financial sting. "We have until the middle of December until it actually hits us," he said.

Howard Kenyon, director of program operations with Ecumenical Ministries of Oregon and Fons' longtime friend, said Fons was proud of working for Subway for nearly 13 years. He met with Fons soon after he was fired.

"He was the most distraught that I've ever seen him," Kenyon said.

Fons said he decided to speak out because he didn't want people to think he had simply quit the job after receiving attention. Some regular customers asked him what happened, and he did not want to lie.

"I am not a freaking quitter," Fons said.

Hours after he discussed his firing with a reporter, Fons confronted an unruly customer who tried to steal money from the tip jar.

Fons intervened and was punched in the face.

The man was arrested and charged with multiple felonies. Fons' nose was broken and now he will require surgery.

"The things I'll do for my job," Fons said.
 

SongExotic2

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He better hope there is a loophole for that bullshit he signed, that's a lot of overtime he missed out on.
 

sparkuri

Pulse on the finger of The Cimmunity
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Jan 16, 2015
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Wow.

Loses tons of backpay.
Loses second job.
Gets punched in the nose.

Not a good month.
 

check it

kids need ninja shit too
Jul 23, 2015
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i hope the internet gets cecil the lion enraged then protests subways dirty dealings...

it does make me bummed when somebody is honestly working for their money but can't quite figure out they're being taken advantage of by the company.
 

pattitude

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This is what happens when you let corporations act like virtual fiefdoms.

John Wooden said, “The true test of a man’s character is what he does when no one is watching.”

Corporations know that no one is watching, or, even worse, governments are watching and they don't care.

"When he was terminated, Fons said, he was told the working arrangement was a "legal gray area." Charlie Burr, a spokesman for the state Bureau of Labor and Industries, said the agency would look into the arrangement if it received a complaint – but it had not."

Way to go Charlie!
Something is going on that you know is fucked up (the whole admitting of a "gray area" is tacit admittance), and yet you and your so-called bureau do nothing?!

It would be nice if there was a way for people to come together and stand up for their right to be treated as actual human beings...
 

HEATH VON DOOM

Remember the 5th of November
Oct 21, 2015
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How fucking stupid do you have to be to not question why you are being asked to sign something like that while being fired? No wonder the fucker worked at subway.

Sent from my SGH-T999 using Tapatalk
 

ThatOneDude

Commander in @Chief, Dick Army
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How fucking stupid do you have to be to not question why you are being asked to sign something like that while being fired? No wonder the fucker worked at subway.

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Ugh, it sucks, but you might be right. Sucks for that dude and his family
 

SongExotic2

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How fucking stupid do you have to be to not question why you are being asked to sign something like that while being fired? No wonder the fucker worked at subway.

Sent from my SGH-T999 using Tapatalk
At my last job I was salary (exempt)

Basically my job was 40 hours but if I worked more I wouldn't get overtime. Fine. Never really worked more anyway.

Well a couple years before I started some guy got fired (for being a shithead) after like 2 months of being hired. At the time we used to work 50 hours a week, so after he got fired he sued my old company saying they owed him overtime (we are all salary)

Well fast forward a couple years and I'm listed on a lawsuit against my company as I'd been hired in a specific period. My company had gotten tired of legal fees and came up with a waiver that basically said we understood and agreed the terms of our contract and would waive all rights to do the same bullshit this guy was trying. And they backdated us some compensation if we signed.

I got 7 ish grand iirc to sign a piece of paper saying I wouldn't try to sue my company for money I'm not entitled to.

It was great
 

sparkuri

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How fucking stupid do you have to be to not question why you are being asked to sign something like that while being fired? No wonder the fucker worked at subway.

Sent from my SGH-T999 using Tapatalk
The answer is in the question.
He works at subway.
 

Lamont Cranston

Who knows what evil lurks in the hearts of men?
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Jan 15, 2015
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Never sign anything they shove under your nose right away.

Usually they want it, and you don't need to sign it.
 

HEATH VON DOOM

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Oct 21, 2015
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I am guessing this will all depend on if he applied at each job seperately with the respective places not knowing he was moonlighting or if they willingly sent him to the other place as a fill in at some point and then he agreed to work not knowing he would be entitled overtime. The piece of paper he signed is just that nowadays, your word or signature really means nothing when you get attorneys involved.

If subway is a franchise, the business the owner could be in more trouble with the subway corporation for dragging their name in this than if they just would have paid the guy his extra money. It already seems to be turning out ok for the dude if he is receiving donations and the such. Someone will notice he just wants to work and offer him something decent.

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Greenbean

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Nov 14, 2015
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How fucking stupid do you have to be to not question why you are being asked to sign something like that while being fired? No wonder the fucker worked at subway.

Sent from my SGH-T999 using Tapatalk
I feel for the guy. But damn.



Let this be a lesson for you youngsters. Don't sign motherfuckin shit until you've gone over it with someone who has your best interest.
 

pattitude

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Just because you are salaried, doesn't mean it's fair. You worked 10 hours of overtime without being compensated for it; that's not fair.

The Japanese actually have a term for men who are salaried and overworked; that guy is called a サラリーマン (salaryman). It means that he works far more hours than he is paid for and is basically a slave to the company. It is a term of sympathy, but also of opprobrium.

Ask yourself this: would you want your child to be a salaryman?

If the answer is yes, then may God have no mercy upon your soul.
 

Jesus X

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raising a family on 11.50 an hour sounds brutal, I had a hard time paying bills when I used to make 13.50 a week which is like 700 a week.
 

SongExotic2

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Just because you are salaried, doesn't mean it's fair. You worked 10 hours of overtime without being compensated for it; that's not fair.

The Japanese actually have a term for men who are salaried and overworked; that guy is called a サラリーマン (salaryman). It means that he works far more hours than he is paid for and is basically a slave to the company. It is a term of sympathy, but also of opprobrium.

Ask yourself this: would you want your child to be a salaryman?

If the answer is yes, then may God have no mercy upon your soul.
We have engineers at my new place that are salaried. I'm not. They get compensated well for the average 40 hr week and once they hit those 40 they can take off.

Salary has its perks. My boss for instance barely breaks 40 hours yet still makes more than the rest of us. It's fun when we have a 16+hr day knowing he ain't getting shit and my paycheck is getting fatter
 

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kids need ninja shit too
Jul 23, 2015
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I am guessing this will all depend on if he applied at each job seperately with the respective places not knowing he was moonlighting or if they willingly sent him to the other place as a fill in at some point and then he agreed to work not knowing he would be entitled overtime. The piece of paper he signed is just that nowadays, your word or signature really means nothing when you get attorneys involved.
the article said the subways were owned by the same guy. ..
 

SongExotic2

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raising a family on 11.50 an hour sounds brutal, I had a hard time paying bills when I used to make 13.50 a week which is like 700 a week.
Dude try living in cali. On a paycheck recently I saw I'd been paid 42k ytd, of that I'd seen 26 after stoppages and that before my rent and car payment.

Fucking struggle is real. I took home 1500 this week and I'm lucky I got so much overtime because rent is 1470

Bah

Fucking money
 

HEATH VON DOOM

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Oct 21, 2015
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the article said the subways were owned by the same guy. ..
Yea but that doesn't mean the guy knows. He could own it but its run by acfountants and computer generated checks. Weak excuse I know but doesn't mean owner doesn't also own 10 other businesses. You think drug dealers know what their actual legit businesses are doing?
 

ThatOneDude

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Yea but that doesn't mean the guy knows. He could own it but its run by acfountants and computer generated checks. Weak excuse I know but doesn't mean owner doesn't also own 10 other businesses. You think drug dealers know what their actual legit businesses are doing?
Or they are separate llc's then it doesn't matter.
 

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kids need ninja shit too
Jul 23, 2015
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Yea but that doesn't mean the guy knows. He could own it but its run by acfountants and computer generated checks. Weak excuse I know but doesn't mean owner doesn't also own 10 other businesses. You think drug dealers know what their actual legit businesses are doing?
your'e right.
but the the owner at least knew at some point prior to the time dude got fired. because it was the owner who showed up with the lawyer to get dude to sign the papers and then fire him from one of the stores..

unfortunately i think the guy just wasn't aware of his rights to be paid for the amount of hours he was working. no joke. isn't that the first thing most people figure out when they're getting a job?

Or they are separate llc's then it doesn't matter.
ahh...good point. tricky business practices. seems unethical...to work a guy 80 hours and not compensate him with overtime pay on the technicality that's it's a separate DBA llc deal but really it's owned by the same person. so i guess that means he just had two full time jobs and has no claim to overtime pay?
 

ThatOneDude

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your'e right.
but the the owner at least knew at some point prior to the time dude got fired. because it was the owner who showed up with the lawyer to get dude to sign the papers and then fire him from one of the stores..

unfortunately i think the guy just wasn't aware of his rights to be paid for the amount of hours he was working. no joke. isn't that the first thing most people figure out when they're getting a job?


ahh...good point. tricky business practices. seems unethical...to work a guy 80 hours and not compensate him with overtime pay on the technicality that's it's a separate DBA llc deal but really it's owned by the same person. so i guess that means he just had two full time jobs and has no claim to overtime pay?
No idea, just a guess
 

HEATH VON DOOM

Remember the 5th of November
Oct 21, 2015
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your'e right.
but the the owner at least knew at some point prior to the time dude got fired. because it was the owner who showed up with the lawyer to get dude to sign the papers and then fire him from one of the stores..

unfortunately i think the guy just wasn't aware of his rights to be paid for the amount of hours he was working. no joke. isn't that the first thing most people figure out when they're getting a job?


ahh...good point. tricky business practices. seems unethical...to work a guy 80 hours and not compensate him with overtime pay on the technicality that's it's a separate DBA llc deal but really it's owned by the same person. so i guess that means he just had two full time jobs and has no claim to overtime pay?
Maybe he did but he didn't fire the guy or offer a severence untill the facebook shit, at which time he was let go from at least one job. I habe a feeling if he cashed that 1500 dollar severence he is fucked. Dude will be ok untill his 15 minutes up and quits getting donations. Too bad because it sounds like the guy is willing to work for his money which is more than can be said for a lot of people.
 

mysticmac

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Maybe he did but he didn't fire the guy or offer a severence untill the facebook shit, at which time he was let go from at least one job. I habe a feeling if he cashed that 1500 dollar severence he is fucked. Dude will be ok untill his 15 minutes up and quits getting donations. Too bad because it sounds like the guy is willing to work for his money which is more than can be said for a lot of people.
That guy will have at least one new job by mid December. He'll be fine.
 

BeardOfKnowledge

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Jul 22, 2015
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Wait a minute. Haven't we been told a whole bunch of time that only teens/ students work fast food jobs?