We write to demand that Sprouts Farmers Market immediately reinstate Kevin to his former position at Sprouts store #289, with the same wage rate, schedule and hours he earned before Sprouts terminated him.

Sprouts’ termination of Kevin is illegal because the Labor Code prohibits companies from retaliating against workers who complain to company officials, including HR, about not getting the breaks that the Code legally entitles them to. The timing of the actions Sprouts took against Kevin proves that Sprouts terminated Kevin in retaliation for complaining to HR that he was not able to take his breaks.

Only after Kevin complained to the HR hotline last summer did managers begin to criticize Kevin, starting his Store Manager Mary Acosta who warned Kevin that complaining to HR made the store “look bad.” Specifically, Kevin told HR that Sprouts’ stocking quota, and the numerous times he as keyholder had to interrupt stocking to unlock and lock the doors so other workers could enter the store, precluded him from taking his breaks.

After Store Manager Acosta threatened Kevin, several workers warned Kevin that managers were keeping an eye on him and looking for a reason to fire him.

Then, less than a week after he complained again to HR because Sprouts did not do anything about Kevin’s breaks, Sprouts suspended Kevin. A few days later, he was fired.

When Sprouts terminated Kevin because he complained about not getting breaks, Sprouts violated §1102.5(b) of the Labor Code. Section 1102.5 provides that an “employer . . . shall not retaliate against an employee for disclosing information . . . to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance." This includes information an employee discloses to HR showing an employer’s failure to provide rest breaks the Labor Code requires. As you know, Wage Orders that the Industrial Welfare Commission issued requires grocery store employers “to permit all employees to take [two 10-minute] rest periods” for every 8 hours worked.

Not only is Sprout’s termination of Kevin illegal, but it sends all Sprouts workers the coercive message that Sprouts does not want workers to use its open-door process, despite Sprouts’ frequent claims to the contrary. Worse, the timing of this message – during the covid-19 pandemic – will discourage workers from bringing to Sprouts’ attention risks workers observe in stores or from suggesting measures Sprouts could take to improve conditions for workers, customers and their families.

We look forward to Sprouts promptly reinstating Kevin.