Exposed my husband to deadly Isocyanate for 4 years - In-N-Out Burger

In-N-Out Burger exposed my husband to deadly Isocyanates for  4 years and is not excepting responsibility!

My husband was a dedicated employee of In-N-Out-Burger for 8 years. He always received stellar reviews. In 2008 In-N-Out Burger changed one of the paints they were using because the city of Los Angeles banned the use of the one they were using. This is when they started using the product from Dupont. Unbeknownst to the painters they were all being exposed to dangerous and deadly Isocyanates. Often when the painters were painting something inside a store they were taught to build a tent out of plastic sheeting. Then the painter would step inside the enclosed tent with an improper and inadequate half mask organic filter. They learned four years later they should have been wearing a PAPR respirator. This new paint is a urethane two part mix. It was when you added the second part the hardener that Isocyanates are released. When the painters were spraying this paint in these tents they may have been inside without any respirator at all. The respirators they were given were just about useless. They were still breathing in all the deadly Isocyanates.

On August 28, 2012 In-N-Out Burger suddenly decided to have their Painters respiratory fit. OSHA law requires that this be done every year. When my husband went to take his test he didn’t pass. The test indicated his lung age was 90 and he was 44.He was on restricted duty. He needed a PAPR respirator.My husband contacted his direct supervisor Greg Gilbert. Mr. Gilbert informed him that In-N-Out Burger wouldn’t purchase that respirator. My husband immediately emailed his direct boss Ryan Swab. After repeated emails and approximately 5 days later In-N-Out Burger finally agreed to purchase the safety equipment that my husband and all the other painters needed.

Unfortunately for the other painters In-N-Out Burger only bought one PAPR respirator. PAPR respirators are expensive but they are even recommended on the MSDS sheets for the product.

In-N-Out Burger is willfully negligent for exposing my husband to deadly Isocyanates over a four year period. He was also breathing vapors while he was driving in his company van. His van was open. He would put unused product in the back of his van and the paint vapors would saturate in the van. This would further expose his lungs. In-N-Out Burger should have trained their employees on the dangers and the the proper use of this paint. They should have provided each painter with the proper respirator a PAPR. Sadly to this day they still have not purchased any other painters a PAPR respirator. In-N-Out Burger needs to inclose the cabs in all of their painting vans. This will prevent any paint fumes from creeping in. A few vans have this, just not all.

After hearing his lungs were aged at 90 years old my husband wanted to go to a doctor for further testing. He wanted to make sure his lungs were ok. When he asked it took his boss an entire day to get back with him and approve it. The doctor diagnosed him with Asthmatic Bronchitis cause of injury chemical exposure. This did not go well with his boss. Immediately things changed for my husband. He was suddenly put under a microscope.

Every move he made he had to explain, ok justify. He was called to their Corporate office in our area in Lathrop, California. There he had a two hour meeting with a lovely woman named Karen Nunes and his direct boss Ryan Swab. It was a two hour interrogation of his time entries from January or 2012 and this meeting was taking place in October of 2012. They wanted to know what was he doing at 8:30 on January 5, 2012 as he had a time entry. They were wanting him to recall time entries from ten months prior. They were never told to specifically mark the time entry with such specifics, As I said my husband was a stellar employee and in fact just received a fantastic review on August 24, 2012. Suddenly my husband was having to follow rules the no fellow employee had to follow. On October 12, 2012 In-N-Out Burger fired my husband.They claimed he falsified his time records because he couldn’t remember those specific dates ten months prior.

In-N-Out Burger not only took away my husbands job. They took away health insurance. They are fighting his workman’s compensation. Since they are doing this that means they do not have to provide him with any medical care or access to medications. My husband has not seen a doctor for over a year. He is getting worse everyday. I lay awake at night and listen to him wheeze and struggle for breathes. My biggest fear is that on morning I will wake up and he will have died because he never received any medical care for the damaged lungs In-N-Out Burger was negligent in. This wasn’t quite enough satisfaction to take away his job and insurance. No In-N-Out Burger had to try to fight my husbands unemployment benefits.

Unemployment sided with my husband the first time. In-N-Out Burger wasn’t going to except this oh no, they had to appeal this decision.The second time my husband actually had to go to a hearing. This time In-N-Out hired Labor solutions company to help them. Someone from this company came and his direct boss Ryan Swab. They both talked to the judge. The judge ruled in my husbands favor again. he stated “the employer failed to prove that the claimant had committed misconduct. Accordingly, the claimant was discharged for reasons other then misconduct”

In-N-Out Burger state on my husbands separation papers “we value honesty and integrity and rely on each of our associates to accept responsibility for their actions”. I find this absurd! So lets see if I can get this straight. They fabricate lies then fire my husband for something he did not do and they value honesty and integrity? I think In-N-Out Burger is a “do as I say not as I do” company. It must go hand in hand with their “Christianity”. Maybe they were a Christian company back when Harry Snyder ran things but not anymore.
Its a whole new world and a new owner his granddaughter Lynsi Torres {Snyder}. I guess honesty is out at In-N-Out and dishonesty is in!

I am writing this so that everyone learns just what In-N-Out Burger has done to my husband. I speak only the truth and will show documentation to anyone anytime. I have nothing to hide. I ask that if you are reading this that you not eat at any In-N-Out Burger restaurant until the make this right and except responsibility for their own actions just as the expect all their employees too!


Additional Information Added ON: October 14, 2013  BY: Capoe

In-N-Out Burger’s Deceptive LIES!

On September 10, 2012 my husband received an email from Pamela Leonards Human Resources Supervisor. She was responding to my husband asking for a copy for In-N-Out Burgers Respiratory Protection Plan which they are required by OSHA to have. Pamela Leonards email stated “Risk Management is in charge of the Respiratory Protection Plan”. “I am in the process of getting a copy from them and will send it to you once I receive it”.

It was a long time in the waiting because In-N-Out Burger DIDN’T have a Respiratory Protection Plan.

In fact here is the determination of what OSHA found they had violated. I will type this verbatim.

The Division of Occupational Safety and Health received your complaint of the following hazardous condition (s) at In-N-Burger, Varies locations throughout the state, Modesto.

1. Painters are being exposed to Isocyanates and other hazardous materials. Employer has not done monitoring to determine exposures.

2. No respirator fit testing for employees required to wear respirators. No respirator program or training.

3. Improper respirators being used.

In-N-Out Burger I think we all can agree can make a wonderful hamburger. Where this large company falls is outside of the kitchen. There are a lot of laws and regulations that In-N-Out Burger simply wasn’t aware of. Ignorance of the law is no excuse.

This company is a 1 BILLION dollar company. There is no excuse that they can dream up to explain their down right feebleminded ignorance of OSHA laws.

They should have had someone running that department that new and abided by all they OSHA laws. Obviously the department manager Ryan Swab didn’t have the OSHA knowledge needed to effectively and safely run the painting department to keep his workers safe.

Please call In-N-Out Burger and let them know you read this letter 1-800-786-1000


Additional Information Added ON: November 14, 2013  BY: Capoe

In-N-Out Burger is trying to CORPORATE BULLY ME!

In-N-Out Burger has resorted to corporate BULLYING!! I have been telling everyone my husbands story and what In-N-Out Burger has and is doing to him. I have ONLY stated TRUE facts. Facts that I can back up with emails, Government/City agency letters and other paperwork.

In response In-N-Out Burger has had Attorney John Mark Jennings a Partner at Shulman Hudges & Bastian LLP. send me a Cease & Desist Letter. The letter is THREATENING to sue me for “repeated, unwarranted, and unsolicited harassing and defamatory communications and actions directed toward In-N-Out”. How can I be doing any of that by telling people the TRUTH?

They just don’t want me to tell the truth anymore! I will continue telling the truth. A Cease & Desist means nothing when your telling the truth and have the PROOF!!!

I will Not stand for corporate Bullying!! I have said nothing that is not 100% TRUE! If In-N-Out Burger does not like what they read then they should address the problems and take responsibility for their negligence.

For In-N-Out Burger Representatives or Owners

Respond To This Complaint Complaint Removal

Comments About In-N-Out Burger Review: Exposed my husband to deadly Isocyanate for 4 years

Leave a Reply

Be the First to Comment!

Notify of

Follow Us To Receive Complaint Alerts

Get Complaint Alert Emails