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I work for a supermarket chain for the past ten plus years,

Customer Question
I work for a...

I work for a supermarket chain for the past ten plus years, it is shift work because they are open 24 hrs, I started as a cashier and then doubled as bookkeeper/floor supervisor, I ate a salad from the salad bar in the supermarket, which bookkeepers customarily do, I went home after my shift and on my day off the following day I was called via phone and told I am suspended pending termination because I ate the salad for my break, I was further told that even though it was not the first time eating the salad with the store managers permission only head/day bookkeepers are afforded that privilege. I have paid union dewssince starting, what are my rights and what are my entitlements after almost eleven years of unbroken service?

Lawyer's Assistant: PayPal, Debitcard or credit card are all fine.

Do I pay before an answer?

Lawyer's Assistant: You end up paying for the answer if you are satisfied with it.

This happened in New York

Lawyer's Assistant: Was this discussed with a manager, HR, or an attorney?

No just called the union rep and was told they'd get back to me still waiting

Lawyer's Assistant: Is the employment "at will," union, full time, or part time?

Full time, don't have a choice union dews deducted

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

Will I be connected to someone in New York,Manhattan area and are they credible, don't want to waste time

Submitted: 11 months ago.Category: Legal
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Answered in 16 minutes by:
7/31/2017
Lawyer: Law Educator, Esq., Attorney replied 11 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,785
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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, unless the union contract says you can eat lunch from the salad bar, that is certainly not an entitlement you have or even a privilege.
In order to dispute this, you need to file a union grievance and you need to prove that what you did was approved by a supervisor or was customary practice within the store with all bookkeepers. This means you need to bring all of the other bookkeepers in to testify that they all engage in the same practice or the supervisor has to testify they approved you doing so and if the employer continues with the termination, then the union needs to file for arbitration for you to present your case.
You will need to pursue the union process, because your contract says that the union is the sole agent to represent the employee against the employer and you need to follow your contract's grievance and arbitration process.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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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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