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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 113492
Experience:  20+ Years of Employment Law Experience
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I keep losing the screen. Sorry! I work at warehouse where I

Customer Question

I keep losing the screen. Sorry! I work at warehouse where I deal with 90% of the drivers. It is fast paced and extremely hard work. I sit down in the morning and do nothing else at all but work. Nothing no phone calls, no internet use, nothing. I am completed focused on the work. We are that busy. I have not had a break (15 minutes for the last two weeks). I did have one on Thursday. I get work between 7 & 8 I have leaving between 5 & 6:30 for the last month. There is another Lady in our office. She doesn't like to deal with the truck drivers so the responsibility is left to me to tell them where they need to put the truck in the bay so we can load or unload the product. I enter orders that pullers pull and enter receivers that the inbounds come in. My side of work averages 12 = 25 trucks going out a day. With about 10 trucks coming in daily. I make the appointments for all of the drivers. I deal with Customer Service at the plant with issues. I place the out bound orders into the system that are pulled for the drivers. Deal with issues of product not being available - this is a big item. Due to the holidays we have been busy. Product hasn't been available and drivers have been have to wait. Yesterday we was extremely busy. We had 20 plus orders. Issue arose and my coworker was blaming it on me and yelled and cussed at me in front of drivers and other employees. I know what she did is wrong. She went to boss and said what I was doing was wrong. It isn't my fault that product isn't available and pullers are having issues because product. So since she is so drama driven she told one of the pullers he is always bitter towards me rude and treats me like shit. I will talk and walks away. She said something to my boss also and he said that it was my fault. I work extremely hard.. I should have a received raise in October but my said since I got raise in January this was an approve 50 cent raise after being hired on and making it though the ninety day probation period it was actually only suppose to be a 30 day but turned out after something that they forget and that it was actually 90. It is right for my co-worker to yell and cuss as me? Even my boss it right for him? I don't mind if it is in private, but in front of everyone. When I get in I do nothing else but work. Enter orders, make appointments, create bills, deal with drivers. Finding product on inbounds that need to be going out at that time. It just doesn't seem fair.
JA: What state is this in? And how old is the truck?
Customer: This is in Missouri and it multiple trucks it would 20 - 26 different trucks.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time job
JA: Anything else you want the lawyer to know before I connect you?
Customer: Did you read the whole paragraph I sent?
Submitted: 1 month ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, and we get this issue coming up many times every day, while the conduct is uncivil in the workplace it is not illegal. The US Supreme Court has stated that in order for there to be a legal action on workplace harassment/hostile work environment, the laws were intended to protect employees from conduct based only on the employee's age/race/sex/disability/national origin and they were not intended to create a code of civility in the workplace. See: Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998). What this means is that ordinary workplace bullying or harassment is not legally actionable and it is up to the employer to decide how to deal with it.
If the employer does not want to put a stop to her behavior, unfortunately, there is no legal action you could file to do so because of the way the laws are written and the fact no state has passed any laws preventing ordinary workplace bullying.
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Customer: replied 1 month ago.
What about the hours of work with no lunch or breaks? Also the raise issue?
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your reply.

Missouri has no mandatory break laws and as long as the employer pays the employee for all hours worked as an hourly employee or pays salary, the MO law does not mandate lunch breaks or any breaks, that is solely at the employer's discretion.

Raises are also not governed by MO or federal law. Raises are up to the employer in at will employment. So any raises given an employee are based on the employer's policy and discretion I am afraid, as there is no law governing raises.