Protest targets Dunkin’ Donuts contract

BANGOR – A brief protest rally took place Friday afternoon at the Dunkin’ Donuts on Odlin Road, where participants accused the franchise of “turning back the clock to 19th century labor practices.”

The 20-person rally was organized by Food and Medicine, a Brewer nonprofit group that provides aid to laid-off, low-income and unorganized workers. No Dunkin’ Donuts workers participated, but the crowd said it was upset that the company’s employment application asks applicants to sign a statement that reads, “I understand and agree that … I can be fired for any reason.”

While such a contract is legal, the protesters argued that workers may not realize they have rights and that dozens of laws protect them against illegal firing.

“Workers can’t be fired for any reason. If you’re pregnant, if you’re hurt at work, if you’re in the National Guard, if you’re Catholic, you can’t be fired for those reasons,” said Jack McKay, director of Food and Medicine. “Federal, state and local laws trump Dunkin’ Donuts’ bogus contract, but the damage is already done. Dunkin’ Donuts is aiming at workers’ sense of rights, self-worth and expectation of fair treatment at work.”

The protesters, who included representatives from the Maine Women’s Lobby and United Steelworkers Union, chanted and marched with signs into the coffee shop, where they distributed letters to the cashiers. A manager promptly asked them to leave and they did so peacefully.

The cashiers and manager declined to comment on the rally but appeared confused and said it was unexpected.

Three police cars arrived several minutes later and asked all protesters to leave. Upon request from the management, the police asked McKay to collect the letters he had distributed.

Dunkin’ Donuts spokesman Andrew Mastrangelo issued a statement by e-mail Friday afternoon.

“Dunkin’ Donuts adamantly disputes the suggestion that its franchisees are engaging in employment practices that violate their employees’ basic rights. Our [franchisees’] employment application correctly follows and reinforces the current law in the state of Maine,” he said.

Mastrangelo cited the Maine Department of Labor and said that because Maine is an “at-will” employment state, an employer may legally terminate an employee without notice and without cause. He also acknowledged that an employer may not discriminate against an employee because of race, color, sex, sexual orientation, age, physical or mental disability, genetic predisposition, religion, ancestry or national origin.

“Dunkin’ Donuts franchisees are individual businesspeople responsible for making all decisions regarding employment, and are required to follow all federal, state and local laws,” Mastrangelo said.

Regardless of what contract employees sign with their employer, “employees can’t sign away their rights under the Maine Civil Rights Act,” said Adam Fisher, spokesman for the Maine Department of Labor.

Food and Medicine has been collecting and analyzing employment applications from several area businesses and said Dunkin’ Donuts is not the only business whose wording concerns them. McKay mentioned that The Worker Center of Eastern Maine, a Food and Medicine project, has a toll-free number for workers to call with questions about their rights. That number is 866-933-WCEM.