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I have worked retail for the last 19 months, at the same place However, it is getting very difficult to stay here for a number of reasons. the owner has us working 8-10 hour shifts with no breaks, always alone, and if it is busy, you can't even get to the bathroom. This person is constantly telling other people (who then come to me) that I never work, just sit around (not true, but he's the owner), they won't give schedules until a day or so before the new week starts making it impossible to schedule doctors, kid pickups, etc., and the schedule will often change in mid-week if a manager decides he/she wants a day off and just calls you in at the last minute.
I'm also hearing that the owner never takes anyone off the payroll, even if they don't work here anymore. I assume so that unemployment can't be claimed.....
The owner also makes comments in my hearing about things like 'I only hire pretty girls' and has made racial comments (not applying to me, but in general) and this makes me very uncomfortable.
Anyway, it is getting extremely stressful, and I was wondering if one could possibly obtain unemployment after quitting while looking for the next job. I hope not to be without a job more than 30 days, but would like the cushion while I look for a job that sticks with federal law and takes into account that I might want to know when I'm working *before* the new schedule....
By law he has to give you a break, unless you are a salaried employee. He should have the labor laws posted somewhere in the establishment. Go read them and then take what is your right. I think it's 10 minutes every 4 hours and 30 minutes every 8. If he fires you for taking what is legally yours, then you will qualify for unemployment. You could also sue him for firing you if that truly was the reason and you could prove it. Remember all those factory workers in the sweatshops in the early 20th century? That is why these laws were created...to protect blue collar workers from abusive and over-bearing bosses.
Document everything. Write it down as soon as it happens. Keep good records.
If he is practicing racial discrimination, it didn't used to be difficult to start the ball rolling to sue someone -- if you are the one suffering from the discrimination. And being sued is no picnic. (I was once hired by a company after it was sued and helped provide documentation in its defense. What a nightmare it was for the company, and the person who started the lawsuit had to only write and submit one sentence.)
Quote:
Originally Posted by pegotty
By law he has to give you a break, unless you are a salaried employee. He should have the labor laws posted somewhere in the establishment. Go read them and then take what is your right. I think it's 10 minutes every 4 hours and 30 minutes every 8. If he fires you for taking what is legally yours, then you will qualify for unemployment. You could also sue him for firing you if that truly was the reason and you could prove it. Remember all those factory workers in the sweatshops in the early 20th century? That is why these laws were created...to protect blue collar workers from abusive and over-bearing bosses.
Under certain and rare circumstances is unemployment granted to someone who quits their job.
Unfortunately Federal law does not require lunch or coffee breaks. Unless you have a union and it is included in a contractual agreement. U.S. Department of Labor - Find It By Topic - Work Hours - Breaks and Meal Periods (http://www.dol.gov/dol/topic/workhours/breaks.htm - broken link)
Google "hostile work environment". Do you think you have a case? Consult with an attorney and decide. If you go that route, you will probably have to complain to the owner (for documentation) first and if the problem continues, then you quit. The length of time this has been happening and how long it took you to complain about it, might be very crucial to your case. An attorney will let you know what your chances are.
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Not a slam dunk
