Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

This is regarding a manager who got fired for not giving…

This is regarding a...

This is regarding a manager who got fired for not giving meal break before 6 hrs.

Lawyer's Assistant: Was the termination discussed with a manager or HR? Or with a lawyer?

Senior manager and Hr fired

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Him

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

At will

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
3/20/2018
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,651
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I understand the facts, but can you tell me what your legal question you need help with is, please?

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
This manager was with the company for 14 years. He got fired for not giving meal breaks to employees within 6 hrs. There was never a warning or written note. Once this issue was brought to the Manager’s attention, he already started correcting the mistake. But still got fired.
Customer reply replied 1 month ago
Is it worth filing a lawsuit against the company?
Customer reply replied 1 month ago
He is a salaried employee and and at will company.They didn’t even give a firing letter. Just read it out of an email and let him go paying only his VTOs

Thank you for your reply. I apologize, I was assisting another customer. Please give me a few minutes to type out my answwer now.

Ask Your Own Employment Law Question

Unfortunately, from the facts you've provided, the manager was an at will employee. At will employment is exactly what it sounds like -the employer may terminate an employee at any time, for any reason, with or without cause. They don't have to give a warning, and it doesn't matter that the manager was with the company for 14 years.

Of course, there are certain times when terminating an at-will employee would actually be unlawful and grounds for a lawsuit.
For example, if the employer is subject to federal and state laws prohibiting job discrimination (as all but the smallest employers are), an employee cannot be fired because of certain characteristics, such as their race, religion, or gender. Similarly, they cannot be fired because they have complained about illegal activity, about discrimination or harassment, or about health and safety violations in the workplace. And they cannot be fired for exercising a variety of legal rights, including the right to take family and medical leave, to take leave to serve in the military, or to take time off work to vote or serve on a jury.

It doesn't sound like, from these facts, this was an unlawful termination. While it was definitely unprofessional, they were within their legal rights as the employer to do so.

Ask Your Own Employment Law Question

It's also not required that they give him a formal letter. Again, while unprofessional to fire the manager the way they did, it's not unlawful.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
This meal break issue started November of 2017 per HR. That’s when the senior manager made some changes in the workers start time without adjusting their break times.This was brought to the fired manager’s attention by HR in January 2018 and he started giving them breaks on time. Still the senior manager and HR fired him in March at the end of their investigation.

Regrettably, that doesn't change my answer. it's still not an unlawful termination. As an at will employee, they could have decided to terminate him because it was raining out one morning, or because they didn't like the color of his car, etc. Even though he took corrective action, they legally can still terminate him.

Not saying it's fair - I don't believe it is at all -but it is lawful.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
How about if the senior mgr. created a hostile work environment for this mgr. by yelling at him on 2 different occasions. In addition, an assessment was filled out by the fired mgr. Which was requested by district support staff due to complaints recieved by others in the workplace. The fired mgr. indicated lack of leadership by senior mgr. On this assessment. This can be attested to by others in the workplace. Can this be considered retaliation?

The legal definition of a hostile work environment means harassment or disparate treatment on the basis of a protected class (race, religion, age (40+), sex, disability or national origin). Yelling, screaming, bullying, etc does not meet the legal definition. Similarly, retaliation occurs where an employee files a complaint about an unlawful act (such as workplace discrimination) and is terminated or suffers other negative workplace consequences, such as a demotion.

This unfortunately is neither a hostile work environment or retaliation as defined by law.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
On final paycheck, mgr did not receive payment for couple days of suspension pay when placed on suspension before getting terminated. Can anything be done?

Generally an employer can suspended an employee without pay. Now, if there was an employment contract or employee policy (like in a company handbook) that said suspensions are supposed to be paid, and the employer is refusing to do so, they may be able to file a complaint with the Department of Labor for the unpaid wages, or a small claims suit.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
In a small claims suit, can damages also be collected? Typically what % can be asked in addition to lost wages?

You cannot collect for pain and suffering, but a court could award punitive damages if they felt the actions of the company were so egregious as to warrant monetary punishment (hence "punitive"). How much a court could award is within their discretion, but I wouldn't expect it to be more than the amount of the unpaid wages.

Ask Your Own Employment Law Question

Please let me know if I may provide you with any follow-up information or may clarify my answer for you in any way. Otherwise, please remember to take a moment to leave a positive rating for my by clicking on the stars at the top of the page. Doing so costs you nothing extra, but it is the only way experts like myself are credited by the website. You can always reply back (at no additional cost) after rating should you need additional assistance. Thank you.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
I know for a fact the policy I violated is also being violated by other mgrs in other facilities at this company. Can I start an investigation with the state attorney general so they may look into this since I feel I was singled out for some reason and others are not being held accountable like I was.
You can inquire with the state attorney general’s office but I am not certain it’s within their realm. If you are being singled out because of a protected class (race, reliigion,sex, naional origin, etc) or you were terminated because you refused to commit an illegal act, or perhaps in retaliation for say filing for FMLA, or let go because you excercised your right to vote, or serve on a jury, etc., the proper government agency to file a complaint with is the EEOC (www.eeoc.gov). The trouble you will have in any case claim is that as an at will employee your email employer can terminate you for almost any reason. Absent proof that they are doing something illegal, you cannot recover for this, as it would not be a wrongful termination. I apologize, I do not like to give people bad news, but nothing you have told me so far indicates that the employer did anything unlawful.
Ask Your Own Employment Law Question
Customer reply replied 1 month ago
The senior mgr. did make a racial comment about my national origin in which I was offended.
You can certainly file a complaint with the EEOC. You have nothing to lose by doing so. I do caution that as a general rule, absent a pattern of discrimination or disparate treatment, it is not likely to be a successful claim. Courts have ruled that offhand comments, and/or the occasional racial comment does not rise to a discriminatory level.
Ask Your Own Employment Law Question

Was there any additional information I could provide you or anything I could clarify for you?

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Hello Robert, it's been a bit hectic for me but I will surely will rate my experience with you.
Question, I am an exempt salaried employee. When I take my lunch, does it have to be uninteruppted. Asking because I'm always taking my lunch at my desk and working at the same time. Is this considered a legitimate lunch break? Thank you.

I appreciate that, thank you.

Can you tell me what state you're in? Not every state even mandates a lunch break, and federal law does not provide for any type of break or rest periods (hence it depends on what, if anything, state law says).

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
California.

Thank you.

In California, the law is that employees who work at least five hours in a day are entitled to a 30-minute uninterrupted meal period relieved of all duty and employer control. If an employee works 10 hours in a day or more, the employer must provide two meal breaks of at least 30 minutes each. Employers do not have to pay employees for their meal breaks, but the meal breaks must completely relieve the employee of all job duties.

If your employer did not provide you a thirty-minute uninterrupted lunch break or not provide you a lunch break on time (i.e. within five-hour window), your employer is violating the law. Generally, for a missed lunch break, the employer must pay one-hour of pay at a regular rate of pay for each work day when the meal break is not provided; this is often referred to as meal period premium pay. If the additional hour is not paid, the employer may be liable for penalties, costs, and attorney fees associated with not paying the additional hour.

Ask Your Own Employment Law Question

There are some exceptions -such as if the employer and employee agree to waive the requirement, or for employees in a certain industry, or employees who have a collective bargaining agreement that waives this requirement, etc. None of the exceptions applied to your circumstances.

Ask Your Own Employment Law Question

The specific Labor Code is here.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Can the employer argue that I chose to take my break at my desk?

Unless there was an agreement between you and the employer that was clear that would be a very hard argument to make. It's the employer's duty to provide uninterrupted breaks for employees, it's not on the employee.

RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,651
Experience: Experienced in multiple areas of the law.
Verified
RobertJDFL and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,651
14,651 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I believe I may have a case for wrongful termination.
I believe I may have a case for wrongful termination. … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
For wrongful termination what kind of lawyer should I get.
For wrongful termination what kind of lawyer should I get … read more
Eric. Y.
Eric. Y.
Law/J.D.
58 satisfied customers
How do I file a wrongful termination suit against my former
How do I file a wrongful termination suit against my former employer. During my employment I filed to complaints with the MCAD. As well as reported the sexual, verbal, skin color suit. I even reported… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Was wrongful terminated, I only had a sit down just once and
I only had a sit down just once and they let me go With manager … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,789 satisfied customers
I need to know if I have a case for wrongful termination? At
I need to know if I have a case for wrongful termination ? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Wrongful termination question; Regarding a 3 year civil
Wrongful termination question;Regarding a 3 year civil claim with an employer. And finally it is clear that the employee was indeed wrongfully terminated.My question is;When terminated wrongfully what… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In a wrongful termination complaint against former employer
In a wrongful termination complaint against former employer City of Aspen, is it more customary to list Defendant as just the City, people involved, both, or other?… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Are you a wrongful termination lawyer? Not yet. At will. My
Are you a wrongful termination lawyer? JA: Was the termination discussed with a manager or HR? Or with a lawyer? Customer: Not yet JA: Is the workplace "at will" or union? Is the job hourly or salarie… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,297 satisfied customers
I am looking for a "wrongful termination" lawyer in central
I am looking for a "wrongful termination" lawyer in central Iowa. Due to the method of being fired from my job on 11/19/15 I have been diagnosed with PTSD, I am on 3 different depression meds plus blo… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers
DO I HAVE A CASE FOR WRONGFUL TERMINATION IF I WAS
DO I HAVE A CASE FOR WRONGFUL TERMINATION IF I WAS TERMINATED BECAUSE I WOULDN'T PROVIDE A FALSE STATEMENT AGAINST ANOTHER WORKER TO PREVENT THEM FROM OBTAINING UNEMPLOYMENT AS PER SUPERVISOR? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,827 satisfied customers
We require our employees to clock out and take lunch breaks.
We require our employees to clock out and take lunch breaks. An employee was told this when hired but continuously does not clock out for lunch. This employee has been officially warned about this sev… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Wrongful termination. I live in Florida - the corporate
I live in Florida - the corporate headquarters are in Indiana . … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I'm curious about a wrongful termination/ hostile work
I'm curious about a wrongful termination/ hostile work environment case that I have. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
It is about wrongful termination. Georgia. There is much to
There is much to this. Yes, I signed a termination paper but was so mad at the time I did not read or get a copy. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,176 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x