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  • Meal Breaks? California

    Hello,

    I have an interesting problem. I work for a gas station in California I work a full shift 8 hours no lunch, no breaks, no nothing, cant leave the store at all, or goto the restroom, is there any kind of violations going on here?

    Also I recently got hurt on the job and one of the managers from another store told my co worker that "anyone who goes out on workmans comp gets fired!" ?? They cant do that can they? I have limitations now due to injury but can they fire me for that??

  • #2
    Originally posted by JanetLC View Post
    Hello,

    I have an interesting problem. I work for a gas station in California I work a full shift 8 hours no lunch, no breaks, no nothing, cant leave the store at all, or goto the restroom, is there any kind of violations going on here?

    Also I recently got hurt on the job and one of the managers from another store told my co worker that "anyone who goes out on workmans comp gets fired!" ?? They cant do that can they? I have limitations now due to injury but can they fire me for that??
    Yes, you are entitled to breaks, and no they can fire you for having a workers comp claim, it does not mean that you can not get fired for something else, but if they said you got hurt, you are fired, it will cost them a heck of a lot! Contact:

    http://www.dir.ca.gov/ See what you can find out

    Comment


    • #3
      Relative to meal periods and rest breaks--are you the only employee on duty during your shift?

      Relative to your injury, has your doctor put you on light duty? Are there required duties you are not now able to do? Did you miss any time relative to the injury? You cannot be fired because you filed a worker's comp claim, but you can be discharged if you are not physically able to perform your required duties, if the employer was not subject to and you were not eligible for, FMLA job protection.
      Last edited by Pattymd; 03-24-2007, 06:55 AM.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        my shift

        yes, I work alone, I also just heard back from my employer about coming back to work and she says i have to do alot of things that could possibly weaken my back even more? what should i do?

        Comment


        • #5
          The first thing that the employer should do is provide a job description and the physical requirements to your physician to have him/her state what you are able and not able to do and recommend "light duty" if applicable. However, the employer is not required to create light duty jobs if there aren't any.

          There are some exceptions when a single employee is on duty.

          For meal breaks, see the second paragraph here:
          http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm

          For rest periods, see the next to last paragraph prior to the questions here:
          http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            Originally posted by Pattymd View Post
            The first thing that the employer should do is provide a job description and the physical requirements to your physician to have him/her state what you are able and not able to do and recommend "light duty" if applicable. However, the employer is not required to create light duty jobs if there aren't any.

            There are some exceptions when a single employee is on duty.

            For meal breaks, see the second paragraph here:
            http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm

            For rest periods, see the next to last paragraph prior to the questions here:
            http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm
            Thank you so much for opening MY eyes on single employee laws! Sorry if I misspoke poster!

            Comment


            • #7
              Thanks

              thank you for all the useful information. I do believe i'm going to have to file a claim for the rest periods because in the 22 days ive worked there i've never gotten any extra hours pay...so that will be nice to get. thanks again..

              the only other problem im having now is they're trying to get me to quit. I specifically asked weeks ago NOT to be scheduled on Saturdays and threatened to quit (at that time) but then they said they would take me off Saturdays, but next week im working Saturday full 8 hour day any suggestions?

              Comment


              • #8
                Originally posted by JanetLC View Post
                the only other problem im having now is they're trying to get me to quit. I specifically asked weeks ago NOT to be scheduled on Saturdays and threatened to quit (at that time) but then they said they would take me off Saturdays, but next week im working Saturday full 8 hour day any suggestions?
                Find another job.

                They can make you work whenever they want or need you to work.

                The fact that you don't want to work certain hours is not relevant.

                That they know you don't want to work some hours and are making you do so, given your comment about them trying to get you to quit, simply means they think they have found the key. Don't give it to them.
                Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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                • #9
                  I agree, either work the Saturdays, or find work elsewhere. Not trying to be mean sorry if it comes out that way, but your only other option would be to quit, and you do not want them to win that way.

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