SIL Got Fired

[bjones9942 Senior Member Find all posts View Profile Close bjones9942]

Some people think that breaks and meals are required by law, but they are not.

Actually, some states require meal breaks. California says this has to be after five hours of work, and if not given, the employee must be paid an additional hour of work. Generally, the break is unpaid and 30 minutes or longer, but can be 15 minutes if both the employee and employer agree (but lunchroom facilities need to be present). The time needs to be uninterrupted. The 'break' clock starts from zero if the employer interrupts the employees break. State laws, and union contracts may modify. but not reduce, federal regulations concerning employee rights (in other words, the employee gets whichever regulation puts them in a better position). The FLSA provides definitions that many states have adopted on differentiating meal breaks and rest periods.

In Washington State, rest periods are also mandated. For every four hours worked, 10 minutes of paid rest time must be granted (no later than the third hour worked). Washington State also uses the 5 hour rule for meal breaks.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

Some people think that breaks and meals are required by law, but they are not.

They are not by federal law, and in some states.

Missouri law does not require employers to provide employees a break of any kind, including a lunch hour.

Missouri Labor | Breaks, Lunches, and Personal Time Off

17 states have meal breaks and 7 states have rest breaks:

http://www.ewin.com/articles/restper.htm

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

He very well known employer has denied her unemployment compensation.

There should be a lesson for everyone here.

She finally had her Appeals Hearing, by phone, while she was visiting us two weeks ago.

We just heard she was denied. A couple of the corporate-types above her were very disrespectful.

An item of note is that she has been working overtime for about four years, but has had to alter her timecard to make it appear she did not work overtime, with her supervisor's knowledge. Same for other employees. I have suggested that she engage a contingent labor attorney and file suit for back pay for all employees. I have suggested that before, while the appeal was pending, to discourage the company from denying UI and to make sure the appeals was handled properly, but she did not, and probably will not now.

I have learned the past ten years that unless you are willing to fight the good fight, you will get trampled.

[SOS8260456 Moderator Find all posts View Profile Close SOS8260456]

This is about the 3rd case in this past week where I have heard of the employer denying unemployment, the employee fighting it and then getting denied again. What is wrong with this world? It used to be the employer had to have a really really really good reason for letting someone go and even then the employer didn't always win the case.

It's a tuff situation for your SIL. You want to fight it for the point of it, but then fighting drains so much energy.

I hope everything works out for her.

[BoardGirl Senior Member Find all posts View Profile Close BoardGirl]

the falsified timecards will be a He Said/She Said, too late on that, and she's culpable, too, for committing the act. She should not have let herself be screwed out of it back then. and maybe ignored the red flags about what kind of company it was. hindsight.

Indiana is an At Will State - they can let you go for no reason or any reason (except discrimination) at any time. Most every employee handbook I've seen rather blatantly spells it out (WE hold the cards, Sucker!!) and everyone knows that each day they report to work could be their last, Just Because.

Receiving unemp has nothing to do with tenure. I had thought that employers pay in with each pay run so the money is already out of their coffers, why care when someone draws it? Apparently, it does cost the company when someone draws. Ups their obligation on paying in?? I don't know.

The only "universal rules" (if there even are) is that the termination not arise from misconduct, and that to collect from that employer's set-aside, you must have worked for them for 6 months. Quitting a job will not generally be granted unemployment.

I now understand why some of teh unemployed are staying that way: fear of taking the wrong job and not lasting 6 months while losing that unemp safety net. BUT, I believe you can track back to an employer you did work 6 months for, even if not your last employer.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

In MO, the amount an employer pays into UI is based on their history of benefits being paid, so the more that gets paid out, the more that has to be paid in.

But, yes, it is very unusual, almost vindictive, to fight benefits to a longterm employee.

She is the type of person who plays nice, just goes along with what her bosses wanted her to do, not ever thinking their were ones out to stick a knife in her back. I believe it's called naive.

As of this morning, she is ready to fight. Not fighting has been very draining.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

She appealed and lost. She appealed the appeal ruling, and lost again. She is visiting us and just found out.

So much for 16 years of your life, tons of unpaid overtime, and doing what your supervisor tells you to do.

The overtime was covered up by altering timecards so there is no record.

DW just made a good point. She was injured at work and is disabled (hobbled by very bad knees) by most people's definition. She should apply for social security disablility, too.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

The denial of appeal letter read to her over the phone says something like it is agreed that what she did in altering her time card was done with the knowledge and instruction of her supervisor, but that she was a liability to her employer and her termination was justified, so they stood behind the denial of the first judge.

She says she's gonna get an attorney now.

[catwgirl Contributor - Bronze Find all posts View Profile Close catwgirl]

About time she got an attorney. I hope it is not too late.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

About time she got an attorney. I hope it is not too late.

It's never too late to highlight the person who has caused his company excess aggravation.

SIL and an ex-co-employee have been visiting us this week and we found out that the guy who is denying her unemployment came onboard after they did, as an equal, was instrumental in getting the one guy that was in charge of the whole operation to get terminated, and then was one of the two people who replaced him.

Actually when he came on board, and he had worked with the ex-employee visiting us, she said she would tell him just to stand out of the way and let her work, because he was so incompetent.

This is a very well known venue, one everyone is familiar with.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

DW just made a good point. She was injured at work and is disabled (hobbled by very bad knees) by most people's definition. She should apply for social security disablility, too.

Actually, after a bit of internet paralegalling, this has some promise. She has received medical care under workers comp, and I see that it does not end with termination. She entitled to ongoing care and payments, or a settlement.

Much more than unemployment would amount to.

Then add the altering of timecards in violation of the Fair Labor Standards Act.

Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.

Yup, need a lawyer.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

She has received medical care under workers comp,.

Now I'm not so sure about that. She was injured on the job, had surgery and missed work.

But, now I'm hearing she may not have done that on workers comp, not wanting to blame it on her employer.

She may have gotten medical care from her employer's medical insurance benefit, not from Workers' Comp.

We talked to her and she did not realize she is still entitled to worker's comp for her injury.