Do I have any legal recourse?

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Do I have any legal recourse?

I use my employer’s employee fitness center during my unpaid lunch period. I was suspended without pay for being at the fitness center for 31 minutes, exceeding my 30 minute lunch period. The company said that my actions constituted ‘Theft of Time.’ My company permits smokers, however, to take an average 10 minute break anytime during the day that their addiction requires and nothing is ever said. I would like the company to allow me 6 or 7 paid breaks throughout the course of the day without having to take up smoking. Do I have any legal recourse against my employer?

Asked on June 12, 2018 under Employment Labor Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The fact is that absent some form of legally actionable discrimination (and your case does not qualify), an employer need not treat all workers the same or even fairly. The only exception being if such treatment violates the terms of a union agreement or employment contract. The fact is that a company can set the conditions of employment much as it sees fit.


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