On February 3, workers around the nation called out of their jobs to participate in a Day Without Immigrants, a protest against the Trump administration’s anti-immigrant policies. Some restaurants and other businesses closed for the day, while others operated with a smaller team so employees could participate. In Dripping Springs, about 45 minutes outside of Austin, the workers at the family-friendly burger chain Hat Creek Burger Company, which is known for its hamburger menu as well as its large playgrounds for children, had a different experience.
A report in the Austin Chronicle says that an unnamed manager fired eight employees at this location who said they would be missing work for the protest. That tally includes assistant manager Francisco Perez, who did show up for work but was let go under allegations, which he denies, that he encouraged employees to miss their shifts to participate. Perez said that the manager requested a list of employees who planned not to be at work and that employees were told they would not be paid for the day, with no other punishment. After receiving the list, the manager texted the employees to tell them February 3 would be a team appreciation day and offered a free meal and a $25 Amazon gift card to employees who came to work, said Perez.
Another employee, Gudelia Calderon, told the Chronicle that her manager said she would be written up for missing work. Instead, everyone who missed the day was fired.
This protest is held at a time when immigrant workers face mounting challenges to employment, including the increased use of U.S. Citizenship and Immigration Services’ (USCIS) E-Verify to check employment eligibility, threats of ICE raids, and working under employers who suggest they carry their documentation on their persons at all time as a reaction to the Trump administration’s aggressive stance on immigrant workers. Of the 8 million undocumented workers in America, a million are estimated to work at restaurants.
A spokesperson for Hat Creek said in a statement over email: “As an Austin-based, founder-led company, Hat Creek Burger Company prides itself on providing great burgers and a family-friendly environment to the local community. Just as we celebrate the diversity of our guests, team members and communities, we honor our commitments to serve them. To that end, the recent terminations were entirely the result of deviations from our long-standing attendance policy, requiring advance notice for time-off, and related policies. We pride ourselves on supporting our teams and their rights to express themselves, like any organization, and strive every day to create an atmosphere where everyone is respected and welcome.”
When asked for clarification, a representative said that employees are required to request time off “prior to the posting of that store’s schedule, which generally happens about 10 days in advance.”
Perez tells the Chronicle that while he did not agree that Hat Creek should have to close for the day to support the protests, he does feel that management should have been clear that the consequences of missing work that day would be termination.
Update: February 14, 2024, 2:55: This story was updated to add a statement from Hat Creek Burger Company and clarification of the company policies for time off requests.
