Union City Burger King employee alleges age discrimination, assault by co-worker

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An employee at the Union City Burger King filed a lawsuit in Hudson County Superior Court this week alleging age discrimination and assault by a co-worker.

The Burger King at 3501 Bergenline Ave. in Union City. Photo via Google Maps.

By John Heinis/Hudson County View

Filed on Wednesday, the six-page, three-count lawsuit says that Lidia Rosas, 46, began working at the Burger King at 3501 Bergenline Ave. in November 2022 and by January of the next year, “was regularly subject to discriminatory and hostile remarks by her co-worker Aida [Leticia Colotl] based on her age.”

“For example, Aida would call or refer to Plaintiff as ‘old lady’ and ‘old b****’ and make statements such as ‘you feel you are young, but you are old.’ Plaintiff reported the discriminatory remarks to her managers, but they did not stop the harassment or remediate the situation and the discriminatory remarks and harassment continued,” the lawsuit contends.

“Upon information and belief, both the General Manager Jessica, and the Floor Manager Rosa are related to Aida. In or around June 2023, Aida threatened to hit Plaintiff. Plaintiff was speaking and laughing with a coworker and Aida falsely claimed they were laughing at her and used it as an excuse to threaten violence. Aida told the floor manager Rosa that she was ‘going to hit Lidia’ which was said loudly and intended to be overheard by Plaintiff.”

Rather than condemning threats of violence, the floor manager allegedly asked Rosas and her co-worker if they were speaking badly about Colotl.

On the 4th of July, Colotl is accused of calling Rosas a “piniche crazy old b****” and picking a physical fight with Rosas, which had to be broken up by co-workers and a police report was filed.

“After the incident, Plaintiff was in considerable pain for many days, and she developed a black eye and multiple bruises on her body. Plaintiff’s injuries were visible to anyone who saw her during the time it took for her injuries to heal causing shame and embarrassment and damage to her reputation,” the court filing also asserts.

“Upon information and belief, Aida was not immediately fired and was simply transferred to work at another Burger King location. As a result of the acts and conduct complained of herein, Plaintiff felt humiliated, degraded, victimized, embarrassed, and emotionally distressed.”

Through her attorney, Kara Miller, of Virginia & Ambinder LLP, Rosas says the fight prevented her from working and therefore lost wages.

Furthermore, it is alleged that Colotl was transferred to another location rather than being fired immediately.

As a result, the lawsuit alleges Burger King violated the New Jersey Law Against Discrimination (NJ LAD) for allowing age discrimination and a hostile work environment, as well as negligent hiring and supervision, with Colotl engaging in assault and battery.

Rosas is seeking lost wages, damages for physical injury, compensatory damages, punitive damages, reasonable attorneys’ fees and costs, pre and post judgment interest, along with any other relief the court deems just and equitable.

Burger King’s corporate headquarters did not return an email seeking comment.


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1 COMMENT

  1. They should fire the management and the floor management they should fire both of them they aint worth of nothing they should never accuse of old lady working at McDonald’s she had to ride to work anyway she wants to soh I would say get rid of the commander and the coat manager and the floor manager get rid of it on people

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