was i wrong?

Question

recently my daughter (16) and i started working at boston market. we have only been there for about a week. my daughter worked from 9 am-4 pm on thanksgiving (which is the busiest day of the year) without a break the entire day. the last 1/2 hour of her shift the manager pulled her to the side and said she had offended all her co-workers, and customers with her attitude and said if this happen again she will be gone. my daughter came home crying. so i called and spoke to the manager. which told my she what had happened. so i asked her if she had given her a break and she said no the law states that minors get a break after working 8 hours. so i did some research and found out minors are to have a break at 5 hours. i took the document up there on friday night and left it for her. on sunday the manager called me and stated she would not put me on the schedule until i came in (on my own time) and spoke to her face to face. i told her not without finding out what it was pertaining to.

now i find out she has fired both my daughter and myself.

today i contacted human resources. they are investigating it. if i don't get any new answers i will be going higher up. if you worked for 7 hours straight would you be tired, and irritable. the day i spoke to the manager she said stated that when things get hairy she should go read a book and chill out. would that consist of a break in your eyes? as a manager i think she should have scheduled the break into the weekly schedule. it's not the minors job to ask for her break it's a LAW that the manager tell her to take one.

Answer 1

You are ABSOLUTELY NOT WRONG! Minors, BY LAW, must have a break at the 5th hour, off the clock for 30 minutes. The law also states they get a PAID 15 minute break in that same 5 hours. After the 5th hour, the law requires A SECOND 15 minute break ON THE CLOCK. These labor laws are ment to protect our children. Futher, the law states the minor cannot be scheduled past 11 PM on a school night, nor can they be scheduled to work less than 12 hours from their last shift. (i.e. work until 11PM friday night and back in at say 10AM the following day. She cannot work again until 11AM...12 hours elapsed.

I say this Manager needs a LESSON in THE LABOR LAWS of MINORS. Call your local state Labor Board....report the manager, and find new and better jobs. Good luck.

I JUST SAW THAT YOU WERE FIRED!!! If you live in a "Right to Work" state.....you are screwed....They can fire you because they don't like the way you look. No law will protect you in that situation. If you ARE NOT a right to work state, you have potential legal action. I say go for it...AND MERRY CHRISTMAS!!

ONE MORE THING! People keep telling you to call the BBB...NO! CALL THE LABOR BOARD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Believe it or not! My 17 year old daughter just called from her job t complain bout the same things....I heard her boss in the background demand she stop her break, change her attitude or she would "HAVE PROBLEMS"....I am advising her similarly....Good Luck to you and yours....

Answer 2

You have legal standing in this case, though you daughter shouldn't have ahd an attitude with the customers, so that part of the story is really irrelavant. You need to read up on the wrongful termination of employement acts and find out where exactly you stand. Go in and talk to the manager and as her what is going on. If she doesn't give you a straight answer, you need to get down her information and the franchise owners information and contact him directly. I used to work at applebees and we didn't get breaks at all unless we worked double shifts. If all else fails, find an attorney who will give you a free consultation and talk about your legal standing if you were to take this to court.

Answer 3

First of all, your daughter should know that everyone is at least entitled to a bathroom break within at least six hours.

You should have stayed out of this since you are not the employee.
I know as a mother it hurts to know she was mistreated but she must also know that in the workplace you have to stand up for yourself whatever the issue.

If her behavior was rude due to no break - should have apologized.
That is not the customers fault.
But when the manager spoke with her, that is the time to take stand in regard to treatment.

After this, doubt they will want her back anyway.

Best she learn from the experience and unless someone threatens her life, you need to move back and let her stand up for herself.

Thanks for caring either way!

Answer 4

Not at all I would overstep that manager entirely and go directly to corporate tell them this is wrong, if not only illegal. Ask the manager what pleasure he/she got from making a little girl cry and why she/he felt the need to be spiteful after the fact when you were just pointing out that they did something wrong. That's wrong and I wouldn't stand for it. Call corporate now, go to the state board, sue if you have to and if you are really pissed I'd get that manager fired for breaking the law. Threaten them if you have to. I'm pissed and it didn't even happen to me please don't let it slide. IT was unfair.

Answer 5

ok, if she is breaking a labor law, you need to go to the Human Resources department of your work or you need to call the Better Business Beauro, or OSHA and report this action. Also you manager needs to speak to you when you are on the clock. If it is related to something that happened at work then it needs to be resolved on work time. I would tell your daughter to also confront the manager about the situation and tell her that she would be in a better mood if she was given proper break times. Hopefully i was helpful in my answer and you and your daughter have a better work environment in the future.

Answer 6

it's the law to take a break! a company should give 2 15 mins breaks and an hour lunch break for anyone who works 8 or more hours, 30 mins (or 2 15 mins break)to any worker who works over 5 hours...check it again ...there is also better business bural you can complain to

Answer 7

From your side of the story, yes, firing both of you is wrong.

Maybe the two of you should go in and speak with the manager to find out why this decision was made. You have a right to know why you were fired

Answer 8

SUE THE SLAVEDRIVER...seriously. Even in small claims for 5k and fIle a complaint with the US department of labor and OSHA.....bosses like that need a little more than a slap on the wrist..

Maybe you handled it a little strong but..you were in the right. Don't worry though, who wants to work for an @ss like that eh?

Mike

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Answer 9

I work in HR and my advise would be to call the district office and ask for the District manager for that store. Also, call your local labor office as well as the school councelor that gave your daughter the work permit.

Answer 10

Well, first of all if your daughter gave attitude to customers and co-workers, she deserved to be reprimanded and/or fired. Second of all, as your daughter's co-worker you had no business calling her boss about the matter.

You should have given your daughter the information about breaks and told her to take it to the manager the next time she was scheduled to work.

You caused the both of you to get fired. Way to go!