2011-01-18, 02:08 AM
Jamie_Kurosawa Wrote:Yeah, I'd contact a lawyer and start some research into local and state laws regarding your termination. Chances are you could sue the hell out of them for wrongful termination.
No job can "force" you to take breaks unless required by state or local law (there is no federal law) and I'm fairly sure California is one of the only ones or one of a few that does this (mandatory 15 minute breaks every 2 hours and a 30 minute lunch break after 4 hours unless you sign off an exemption notice). I would start researching New Jersey's Worker's Rights laws regarding Breaks, Lunch Times, and other off the clock activities ASAP while you still can. Chances are, you have a case, and you might not realize it.
Not too long ago, some security firm here in California got sued by workers getting docked pay for lunch times each day even if they didn't take it. The state ruled in favor of the workers and all received monetary compensation for time and pay they lost.
I know the law regarding the breaks well enough, they are required to be viewed in open and clear view in the workplace.
If an employee is scheduled to work 6 hours, they are required an unpaid 30-minute meal break. If they are scheduled 7 hours they are required 2 paid 15-minute breaks. I was scheduled 5:30 that day, not 6, but Target holds their in-store employees after the store is closed to tidy up the store, and align items on the shelves. I was a "cart attendant," and as was confirmed by the then Human Resources once my core responsibilities were finished I was allowed to leave. This was argued left and right that I had to wait for supervisor approval to be allowed to leave (clock out for the night to clarify) before everyone else. To keep the peace I entertained this notion.
I would pursue legal action... if it weren't that I was fired from there in february/march of last year, and have been on unemployment since then, and in June I ship out to basic training for the navy. It's not worth my time now to do it, and when I confronted my mother and grandmother about it last year they had told me to instead "find something else if they were going to fire you over something stupid like that."