FiDi Shake Shack Allowed 'Sick' Workers To Serve Food, Suit Says

FINANCIAL DISTRICT, NY — A Shake Shack in Lower Manhattan allowed "visibly sick" employees to handle food and serve it to customers, according to a former employee who is suing the company.

Derrick Via, who previously worked at the Shake Shack inside the Fulton Transit Center, filed suit on Friday accusing the fast-casual burger joint of firing him after he raised concerns about the way food was handled and prepared at the location.

Via said he complained about the location's "ongoing policy of allowing visibly sick workers to remain on the job, handling and preparing food for customers," according to the lawsuit. The New Jersey resident also said that employees were improperly cleaning kitchen supplies and that the company failed to properly investigate after another worker was burned by boiling water. Via claims that instead of his concerns being addressed by management, he was fired. Via says he was fired in January for allegedly stealing a co-worker's phone when he had actually removed the phone from public view, per company police, according to the suit. (For more information on this and other neighborhood stories, subscribe to Patch to receive daily newsletters and breaking news alerts.)

The ex-Shake Shack employee is seeking $1 million in damages.

Shake Shack did not immediately respond to a request for comment from Patch. A spokesperson told the New York Post, who was first to report news of the suit, that the company "maintains industry-leading food handling and workplace safety procedures. That’s because our first priority is always to ensure the wellbeing of our guests and our employees. The lawsuit in question is without merit and we have communicated that to opposing counsel."

Via began working at Shake Shack in 2012 at its original location in Madison Square Park. He worked for the company in various positions over the years before briefly leaving the company to pursue other opportunities before returning to Shake Shack in 2016. During that time, Via said he was "an outstanding employee who consistently fulfilled his job responsibilities and received several raises in recognition of his excellent job performance."

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