Is fair for one manager to give an employee a smoke break but another manger not to give another employee a smoke break on the same shift?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is fair for one manager to give an employee a smoke break but another manger not to give another employee a smoke break on the same shift?

I work for a national fast food chain.

Asked on March 7, 2019 under Employment Labor Law, Illinois

Answers:

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

Answered 2 years ago | Contributor

Unless the reason for the differing treatment is due to some form of legally actionable discrimination (i.e. is based on race, religion, nationality, age (over 40), disability or gender), you have no claim here. Absent such discrimination, not all employees need be treated the same or even fairly. This is because most work relationships are "at will". This means that a company or business can set the conditions of employment much as it sees fit. Therefore, allowing some workers smoking breaks and not others is perfectly permissable under the law. The only protection here is if not giving everyone such a break violates the terms of a union agreement or employment contract.

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

Answered 2 years ago | Contributor

Unless the reason for the differing treatment is due to some form of legally actionable discrimination (i.e. is based on race, religion, nationality, age (over 40), disability or gender), you have no claim here. Absent such discrimination, not all employees need be treated the same or even fairly. This is because most work relationships are "at will". This means that a company or business can set the conditions of employment much as it sees fit. Therefore, allowing some workers smoking breaks and not others is perfectly permissable under the law. The only protection here is if not giving everyone such a break violates the terms of a union agreement or employment contract.


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