The Oregonian
PORTLAND, Ore. — 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 page (http://is.gd/x66LAi ) featured 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.”
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 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.
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.”
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.
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