William Bisek has sued his former employer, Border Foods, Inc. – one of the largest Taco Bell franchisees in the United States – for retaliation under the Minnesota Whistleblower Act. Bisek alleges that he was wrongfully terminated for reporting serious food safety violations at Taco Bell's Columbia Heights, Minnesota, location to Border Foods' management. The Columbia Heights Taco Bell is one of more than 60 Taco Bell locations owned and operated by Border Foods.
Bisek's Complaint – filed in Hennepin County on May 31, 2017 – describes how he was terminated the day after he escalated reports to Border Foods' regional managers regarding food safety practices that violated the Minnesota Food Code and other laws protecting consumers. These food safety violations included extensive and clearly visible mold growing in the water supply tank and on the spouts for the beverage machines, and serving expired meats, tortillas, and taco shells to customers when the expiration dates marked on the storage containers had been fraudulently changed by employees. Bisek's complaint also involved improper sanitation: for example, the water temperature at the washing sinks was at least 40 degrees F below minimum requirements and a toilet brush and plunger that were often wet were kept at the front counter where money was exchanged.
"The food safety violations at issue here are shocking and appalling," said Bisek's attorney, Lawrence. P. Schaefer of Schaefer Halleen. "The law protects employees so they can be confident that if they put their neck out in an attempt to stop their employer from putting public safety at risk, they will not suffer retaliation. We intend to demonstrate for the court that Border Foods terminated Mr. Bisek because he blew the whistle and to prevent him from continuing to do so. We believe the company's conduct here goes to the heart of why we have whistleblower laws."
"Perhaps naively, I honestly thought Border Foods would appreciate me flagging these food safety problems for them. Because the violations were so obvious and the implications for Taco Bell customers so clear, I thought the company would quickly address them, and I might even be looked at in a positive light for helping them come into compliance," Bisek said. "I could not have been more wrong and it unfortunately cost me a great career opportunity."
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