What are my rights if I was suspended regarding an optional 4 minute garace period after taking a break?

UPDATED: Sep 29, 2022

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What are my rights if I was suspended regarding an optional 4 minute garace period after taking a break?

I work at a call center and my employer gives a 4 minute grace period to return to our seats after a rest and meal break but when I took at my 15 minute break along with the 4 minute grace period, I was suspended. I spoke with my union representative to avoid the suspension and he tells me that the grace period is just an understanding between the union and the corporation; it is not actually in our union contract. Do I have any other legal standing to get back my lost wages?

Asked on July 29, 2015 under Employment Labor Law, California


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

Answered 7 years ago | Contributor

The fact is that an employer can set the terms and conditions of employment much as it sees fit; this includes who to suspend and why. So unless your suspension violates an emplyment contract, union agreement, existing company policy, etc., or your treatment was the result of actionable discrimination, it was legal. Perhaps unfair but legal.

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