Unfair Work Practice Laws

My question involves labor and employment law for the state of: Florida



Hello, I have a few questions in reference to an illegal work practices case. A year and 8 months ago I worked at McDonald's. I was hired to work at a new store, which for the most part was other transferred associates. I feel not only was I working in a hostile work environment, but I also was asked to do a few things that are illegal. First of all, I often was asked to work thru my break. Anywhere from 5-9 hours. Secondly, on one occasion I asked if I could learn how to clean the grill and was told to clock out first. I was constantly being reprimanded by my manager (Kim), meanwhile she would goof off with those associates she liked and she would talk on her phone. They were extremely overstaffed (I was the only new employee to last) so I was at the bottom of the totem pole as far as hours were concerned. For about a 2 week period, almost everyday I was sent home very early to cut back expenses. On several occasion I was not even an hour into my shift. (It took me 20 minutes to get to work) I approached a manager about picking up a few shifts. She gave them to me but upon arriving I was quickly sent home by another manager. Eventually my hours were cut down to 0. for weeks on end. However, I would be called in about once a week. I would come in and after the rush(30 minutes or less) I would be sent home. I had no choice but to quit. the 30 plus hour weeks were reserved for those that hung out with the managers. Several people told me I should sue, due to them violating several labor laws. I have a few questions. First, did I miss the statue of limitations on this case. And Secondly, do you fellas think I have a case? Are these minor problems that people face at every job? Any advice or information on how to handle this would be greatly appreciated.

The term, "unfair work practices" generally has no legal meaning outside of a union situation. Also, the term, "hostile work environment" has a very specific meaning in employment law and nothing you have describes meets that definition.

That being said:

First of all, I often was asked to work thru my break. Anywhere from 5-9 hours. Not illegal. Neither Federal nor Florida law requires breaks of any kind. Breaks are entirely at the opt of the employer, and employers are free to violate their own break policies in the absence of a legally binding and enforceable contract that expressly says otherwise. Neither Federal nor Florida law has any restrictions on how many hours an employee can be required to work without a break, or work at all.

on one occasion I asked if I could learn how to clean the grill and was told to clock out first. If your employer had told you that you had to clock out and then go clean the grill, you'd have a clear violation. Where this is something that you asked to do and were told that you had to learn it on your own time, I'm not thinking that you're going to get anywhere with that.

I was constantly being reprimanded by my manager (Kim), meanwhile she would goof off with those associates she liked and she would talk on her phone. Not illegal. Might be a violation of the employer's policies, but doesn't give you any kind of legal recourse.

They were extremely overstaffed (I was the only new employee to last) so I was at the bottom of the totem pole as far as hours were concerned. For about a 2 week period, almost everyday I was sent home very early to cut back expenses. Legal.

On several occasion I was not even an hour into my shift. (It took me 20 minutes to get to work) Legal. And I'd kill for a commute as short as 20 minutes.

I approached a manager about picking up a few shifts. She gave them to me but upon arriving I was quickly sent home by another manager. Legal.

Eventually my hours were cut down to 0. for weeks on end. However, I would be called in about once a week. I would come in and after the rush(30 minutes or less) I would be sent home Legal

the 30 plus hour weeks were reserved for those that hung out with the managers. Legal.

Several people told me I should sue, due to them violating several labor laws. Then "several people" do not know what they are talking about.

First, did I miss the statue of limitations on this case. What case? I'm sure the situation was miserable but you've not posted anything that violates any laws at all with the possible exception of cleaning the grill after clocking out. And since that's something you asked to do and not something you were told to do the most you'd get would be pay for the time you spent cleaning, and in Florida you'll be lucky if you get that. Especially close to two years after the fact.

do you fellas think I have a case? No.

I don't doubt that you had a bad experience and that it was tough to work for. But seriously, you've got no claim here. Employers are free to staff and schedule as they see fit, as long as they do not violate discrimination laws, and nothing you've posted even suggests that discrimination laws were violated. It's time to move on.

Well, thank you for your honest response. I was just seeing if those that guided me were correct. Clearly they were not. I am not familiar with Florida's labor laws. Thank you for your help.