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I am having issues with my employer ,, we doesn't us to take…

Customer Question
I am having issues...

I am having issues with my employer ,, we doesn't us to take breaks or a lunh after working over 8 hours and if we decide to leave after our 8 hours he threat us calling in job abandiment

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

The only person is the owner and he is the one tellin g this to all of us and what we dont like is that he gives everyone else a break up they are all white people dont mean to sound racist but everyone else that works with me is hispanic or mexican it a resturant and I just think and we all feeling the samme way he is working us to the bones

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No we don t I know it would had been easier but we dont have that

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

Thats just it

Submitted: 2 months ago.Category: Employment Law
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Answered in 5 minutes by:
5/29/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,624
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Two things.

1. What state are you in?

2. Are you saying that the boss only gives white people breaks, but not the Hispanics?

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Customer reply replied 2 months ago
In Washington State,, and yes too your other question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago

Ok. Washington State requires breaks of 10 minutes for every 4 hours worked. Additionally, if the employer is allowing some people breaks and not others, and it appears the reasoning is racially motivated, that is a violation of the law.

You can file a complaint with the EEOC in your state, a government agency that is tasked with investigating discrimination. You can also contact the Washington State Department of Labor to file a complaint against the employer for not allowing the breaks.

Both of these are protected complaints, meaning that if the employer retaliates, they subject themselves to lawsuits for retaliation as well as discrimination.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 2 months ago
If we all coworkers file a lawsuit are we subject to termination ?
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago

Termination would be retaliation, which I noted before would be illegal.

The employer can certain choose to do it, but that makes them subject to retaliation claims by the EEOC.

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Customer reply replied 2 months ago
okay thank you
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago

Take care and please rate my service.

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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).

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