How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Patrick, Esq. Your Own Question

Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6752
Experience:  Significant experience in all areas of employment law.
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

I AM ASSITANT MANAGER IN A DENTAL OFFICE. EMPLOYEES HAVE NO

Resolved Question:

I AM ASSITANT MANAGER IN A DENTAL OFFICE. EMPLOYEES HAVE NO RESPECT FOR THE DOCTOR, THEIR BOSS OR EVEN ME!!! OUR RECECPTIONIST IS CONSTANTLY IN THE BATHROOM 2, 3 OR EVEN 4 TIMES IN THE MORNING AND AGAIN IN THE AFTERNOON!!!!! MY BOSS TOLD HER TO TELL ME EVERY TIME SHE WENT TO THE BATHROOM SO I CAN COVER THE FRONT. AND I AM GETTING VERY FRUSTRATED TO STOP MY JOB TO GO COVER AND I EVEN HAVE SUSPICION HE GOES IN TO USE THE PHONE OR TEXT SINCE HER PHONE IS ALWAYS ON HER POCKET. I CURRENTLY HAVE A SPRAINED ANKLE THAT IS SWOLLEN FOR OVER A WEEK AND ITS PAIN FULL TO WALK ALL THE WAY TO THE RECEPTION FROM THE BACK. SO TODAY I SAY NO HAVE MARISELA THE BILLER GO COVER YOU OR MAKE IS FAST AND SHE GOT OFF AND SAID BY LAW I CAN USE THE BATHROOM ALL I WANT THERE IS NO LAW THAT SAYS I HAVE TO LIMIT MY USE OR I CAN JUST SEW YOU!! THIS GIRLS ARE GETTING PRETTY GHETTO AND RUDE, WE HAVE LOST PATIENTS, HAVE DOCTORS COMPLAING AND AS ASSISTANT MANAGER NEED TO KNOW HOW I CAN LIMIT THEM OR DISCIPLINE THEM ON THE BATHROOM USE WITHOUT AFFECTING MY EMPLOYER.. AND WOULD LIKE THIS INFORMATION AS SOON AS POSSIBLE SO I CAN CALL A MEETING WITH HER AND MY BOSS OR IF IT SHOULD BE AN OFFICE MEETING BUT NEED YOUR ADVISE ON WHAT I CAN DO OR MY EMPLOYER CAN DO BEFORE WE CALL THIS MEETING. WOULD APPRECIATE THE ADVISE OF A PROFFESSIONAL IN LABOR BOARD LAWS.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to answer your question. I am very sorry to hear that you are forced to work with such unprofessional and rude people.

With regard to the law on this topic, California requires employers to "authorize and permit" nonexempt employees to take a paid rest break of no less than 10 minutes for each 4 hour period of work, or major fraction thereof.

Although an employee is entitled to rest breaks, employers have the right to reasonably limit the amount of time an employee may be absent from his or her work station to use the restroom during times in which the employee is not on a designated "rest break." This means that, at least in theory, an employer can limit an employee's restroom breaks and write an employee up for abandoning their station if they take a rest room break without permission.

If the employee is taking rest room breaks due to a bladder condition or other health condition that qualifies as a disability under the Americans With Disabilities Act, then any adverse employment action taken against them for going to the restroom may very well constitute a violation of the Americans With Disabilities Act. However, not all health conditions give rise to ADA protection--only those that "impair a major life function." Thus, ADA protections may not be relevant to your employee's situation.

In short, no adverse employment actionc an be taken against an employee for using their mandatory 10 minute rest periods for bathroom breaks. Employees have a statutory entitlement to this time off. However, if an employee has already taken their rest break or is not entitled to one because their shift is too short, then the employer is free to reasonably limit bathroom breaks and write up the employee for abandoning their station if they take such a breach without permission, unless they are forced to use the bathroom because they have a disability that entitles them to ADA protection.

I hope this makes sense. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Very best wishes to you.

Patrick, Esq., Lawyer
Satisfied Customers: 6752
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3098
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.