East LA McDonald's workers protest after allegedly being forced to work through illnesses

Dozens of McDonald's employees in East Los Angeles decided to strike after a manager allegedly forced a coworker to work despite being gravely ill. 

The coworker, Bertha Montes, 45, was rushed to the hospital shortly after returning home from her shift on April 13. In a complaint filed to CalOSHA on May 31, 11 of Montes' coworkers claimed that the 45-year-old woman was visibly sick with "bulging red, glossy eyes." Her family said Montes asked to leave, but her manager said she could not leave until someone could replace her.

"They had her in the emergency room for a couple of hours," said Monica Montes, Bertha's sister. "That's when they rushed her to have an emergency dialysis because her blood was intoxicated."

Montes spent several weeks in the hospital before succumbing to her illness. Her sibling said she died because of complications with COPD. Montes' family also said she had issues with her thyroid and was pre-diabetic.

"I want my daughter's death to be investigated," said mother Catalina Montes. "I want justice for her."

Matthew Tulaphorn, the owner and operator of the East L.A. McDonald's, said he was deeply saddened when he heard about Montes' death. He promised management would investigate the allegations.

"Our top priority is always the health and well-being of our people, and we have policies in place to provide flexibility and accommodations, including sick pay, for crew members who are ill," Tulaphorn said in a statement. "We are looking into these serious allegations." 

Since filing the complaint, over two dozen employees, Montes' coworkers, have picketed outside the East Los Angeles fast-food restaurant. 

"What I want to get out of the strike is to be heard," said coworker Nayely Hernandez. "To have respect from the managers and to have us sitting at the table."

While holding signs that read "McDonald's listen to your workers" and a parody of the chain's slogan "I'm not lovin' it," workers alleged that Montes was not the first person to be pressured to work while sick.

"I always felt pressured," said employee Elizabeth Juarez. "They would give you the option of come to work or lose your job."

The complaint also claimed that in the months leading up to Montes' death, managers pressured Juarez to continue working despite having the stomach flu and throwing up at work. The 25-year-old also alleged that she was forced to continue working despite exhibiting symptoms of COVID-19. She said she later tested positive for coronavirus. 

CalOSHA has launched an investigation into all of the allegations. It has not released the findings of its investigation. 

The department launches on-site investigations after receiving formal complaints, "unless the complaint is without reasonable basis or is intended to harass the employer."