Can I be fired for skipping a break?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I be fired for skipping a break?
I work at a charity poker room. Last week i was dealing blackjack and the people at my table were winning. I turned down a break when the “break dealer” came around because I was making good money in tips. Can I be fired for this? Do I have any way to fight?
Asked on July 14, 2012 under Employment Labor Law, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you are an employee at will - meaning you have no contract covering you (union or otherwise), then you can be fired for any reason what so ever by your employer. I would consult with an attorney in your area. The breach may be complaince by your employer with a state law that the do not wish to violate. Good luck.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It is entirely possible for an employee to be terminated from his or place of employment for not taking state mandated breaks when requested. From the employer's point of view such a refusal could be deemed insubordination by the employee warranting the employee's termination.
You can make a claim with the department of labor for wrongful termination if you are fired for refusing to take state mandated breaks. However, most likely you will lose from what you have written. I suggest that you abide by the requirements of your employer in the future.
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.