QUESTION
CAN YOU GET FIRED FOR NOT TAKEING A BREAK
Asked on Aug 04th, 2011 on Business Law - South Carolina
2 ANSWERS
Labor and Employment Attorney serving Atlanta, GA
2 Awards
Yes you can be fired for not taking a break unless you have a contract that provides otherwise.
The employer as the right to set the rules under which you will work. The employer may have imposed the mandatory break policy for budgetary reasons or for safety-related reasons. In either case the "Golden Rule" applies ("He who has the gold makes the rules.") If you work through a break, the employer is required to pay you for all the time that you worked. If you have an individual employment contract, or are covered under a collective bargaining agreement, the terms of that contract will determine whether the employer can fire you for working through a break.
Michael Caldwell
404-979-3150
Answered on Sep 08th, 2011 at 6:19 PM
Business Law Attorney serving Memphis, TN
at
Law Office of Alan Alsobrook
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It depends on whether you are a contractual employee or an at-will-employee. If you are an at-will-employee, the employer may terminate your employment for anything he/she sees fit. If you have a contractual relationship you should examine the contract to determine if a breach exists.
This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.
Answered on Sep 01st, 2011 at 1:33 PM