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Tons Of Issues.... Nebraska

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  • Tons Of Issues.... Nebraska

    I have Been working at a local truck stop since the 1st of may. When I was first hired the ast manager gave me this huge welcome in which she told me "if you do not fit in here, You will not work here" About 3 weeks ago I ran into some health problems and I had a Doctors note excusing me from work for 1 week. I took the week off and Since I have returned my boss has been treating me CRAP! She put me on the schedule for 11 days stright, with out a day off. I have been called into the office twice this week and was yelled at because I said that I was Tired, and she told me that if she ever hears me say that I am tired again that I wouldent work there any more. I very Rarely get a Lunch break, and if I do I just go to the back room scarf my food and then have to go back out. I am a smoker and I have been yelled at numerous times for smoking while I am outside. We get no breaks rarely get lunches, and I have just about had it with this job. I am pretty much at my witts end. Is there anything legally I can do?? Can I turn them into the labor board? Some one help please before I go crazy!

  • #2
    Originally posted by Vanessacolli View Post
    I have Been working at a local truck stop since the 1st of may. When I was first hired the ast manager gave me this huge welcome in which she told me "if you do not fit in here, You will not work here" About 3 weeks ago I ran into some health problems and I had a Doctors note excusing me from work for 1 week. I took the week off and Since I have returned my boss has been treating me CRAP! She put me on the schedule for 11 days stright, with out a day off. I have been called into the office twice this week and was yelled at because I said that I was Tired, and she told me that if she ever hears me say that I am tired again that I wouldent work there any more. I very Rarely get a Lunch break, and if I do I just go to the back room scarf my food and then have to go back out. I am a smoker and I have been yelled at numerous times for smoking while I am outside. We get no breaks rarely get lunches, and I have just about had it with this job. I am pretty much at my witts end. Is there anything legally I can do?? Can I turn them into the labor board? Some one help please before I go crazy!
    Under Nebraska law you are to be given an uninterrupted meal period of no less than 30 minutes and it is also unlawful to require the employee to stay on the employer's premises. File a complaint with the Nebraska state DOL.

    As far as the smoke breaks, there isn't a law in any state that requires an employer to provide smoke breaks and in Nebraska, the state doesn't require employers to provide rest breaks
    Somedays you're the windshield and somedays you're the bug.

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    • #3
      You've been working there for less than three months and you've already been out for as long as many people take in a full year. You have not worked there anywhere near long enough to have any protected medical leave available. Your employer is not obligated to be happy about your absence and was not even required to allow you time off (outside of FMLA, which does not apply here, your doctor's note is worthless under the law).

      Unless you work for an assembly plant, workshop, or mechanical establishment, or your employer has a written policy that says otherwise, you are not entitled under Nebraska law to a lunch break.

      NO law in ANY state requires your employer to provide smoke breaks. Your employer has no legal obligation to allow you to smoke on their property, even outside.

      In other words, your employer has violated no laws.

      It sounds as if you might be happier if you found other employment.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Hold on, mlane, the NE law on breaks is very industry specific and does not include truck stops.

        http://www.dol.state.ne.us/legallaws...riod%20Law.pdf
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          My mistake for not clearly reading on a Friday afternoon. Thanks
          Somedays you're the windshield and somedays you're the bug.

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          • #6
            Originally posted by Vanessacolli View Post
            About 3 weeks ago I ran into some health problems and I had a Doctors note excusing me from work for 1 week.
            If I had an employee take a week off only five or six weeks into the job, with or without doctor's note, I would have a replacement on board before the employee was allowed to come back to work.

            Quite legal, given the information provided.
            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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            • #7
              Lunch

              Mnlane... it also depends on whether the lunch break is paid or unpaid for it to be unlawfull to leave the company premises. If the lunch break is paid, then the employer has all rights to require the employee to stay on the premises.

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              • #8
                Originally posted by Pontiac22 View Post
                Mnlane... it also depends on whether the lunch break is paid or unpaid for it to be unlawfull to leave the company premises. If the lunch break is paid, then the employer has all rights to require the employee to stay on the premises.
                Correct. Even if it is unpaid, the employer still has the right to keep employees on company property...

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                • #9
                  And this post is from over a month ago.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                  • #10
                    Originally posted by Pontiac22 View Post
                    Mnlane... it also depends on whether the lunch break is paid or unpaid for it to be unlawfull to leave the company premises. If the lunch break is paid, then the employer has all rights to require the employee to stay on the premises.

                    Per federal DOL :
                    http://www.dol.gov/dol/allcfr/Title_...9CFR785.19.htm
                    "It is not necessary that an employee be permitted to leave the premises if he is otherwise completely freed from duties during the meal period."
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

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                    • #11
                      Originally posted by JulieBean View Post
                      I believe even if it is paid, the employer still has the right to keep employees on company property...
                      That's basically what I said.

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