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  1. #1

    Default Firing Employees for Not Taking Required Break Times

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

    I have assigned break and lunch time schedules. I have made a process in which if one can not take their break because of a situation, they should request myself or another staff member to relieve them so they can take their break.

    An employee has decided instead of taking breaks, wants to put an hour each day for that time.

    Is it within my rights as an employer to consider this a disciplinary matter, up to and including termination. This employee has been insubordinate in other matters but I would like to know if I'm legally covered if I use this matter as reason for termination.

    Thank you.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: About Firing Employees for Not Taking Required Break Times

    you are allowed to make and enforce rules as long as they are not in contrast to the law. If a person refuses to act as directed, sounds like a simply case of insubordination to me. Fire the guy.

  3. #3
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    Apr 2011
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    North Miami Beach
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    Default Re: About Firing Employees for Not Taking Required Break Times

    I'd suggest you handle this thru HR ASAP. With the ruling that just came down in the WalMart case which was directly about breaks I'd have my guard up

  4. #4
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    Default Re: About Firing Employees for Not Taking Required Break Times

    Quote Quoting ollie
    View Post
    I'd suggest you handle this thru HR ASAP. With the ruling that just came down in the WalMart case which was directly about breaks I'd have my guard up
    are you speaking of this particular situation?

    http://philadelphiaemploymentlawnews...reak-case.html

    If so, that is nothing similar to the OP's situation. In California, they have some fairly stringent laws regarding breaks and lunches. Regardless of that, the employer still has a right to control their workforce. What is happening is the employer is attempting to enforce the laws but they have a person trying to make their own decisions as to what they are allowed to do.

    The employee is simply trying to take advantage of the employer by claiming he was not given a lunch break and unilaterally claiming the penalty that California imposes upon an employer for violating the law. The problem is; the employer has a remedy in place so the employee can take a lunch when scheduled to and is intentionally ignoring that. That is insubordination and is worthy of punishment.

    In this case, the employer is paying the premium. Walmart was refusing to pay the premium or actually, in many cases, even the base wage associated with the work time. Two totally different situations.

  5. #5
    Join Date
    Apr 2011
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    North Miami Beach
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    Default Re: About Firing Employees for Not Taking Required Break Times

    I get what you're saying. My only point to the OP was to be careful with this. When it comes to breaks and lunches it's better to be safe than sorry. Better to deal with it correctly now than to be scrambling to answer questions later.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    5,252

    Default Re: About Firing Employees for Not Taking Required Break Times

    Agree with jk. If your employer/boss says you take a break, you take a break or the employee can
    be disciplined up to & including termination.

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