If I have to work 12 hour shifts withno access to a toilet in the workplace, is this illegal?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I have to work 12 hour shifts withno access to a toilet in the workplace, is this illegal?

I work as a security guard. The day shift has access to a toilet; the night shift has no access to any toilets for the entire shift. If I need a bio break I have to find a dumpster or fence to relieve myself. The problem I now face is that I do not wish to be arrested for public indecency. Can I report my firm for forcing me to act like an animal in my bio breaks?

Asked on October 11, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I do not believe that the law actually requires an employer to provide rest room facilities for their staff, and there clearly are some people who will not have such access during their shift--for example, many security guards, such as those who patrol the perimeter of an otherwise closed office, factory, or mall at night. What your firm is doing is bad business, unprofessional, unhygienic, and probably just plain wrong, but I don't believe you can force them to do anything about it. This may be a case where, if you don't like how the firm does business or makes you work, your best recourse is to look for a different job, so that you can work under better circumstances in the future. Unfortunately, there are limits to what you can force employers to do. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption