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I was terminated from my employer because I was told I had to take my 30 minute break confined to the store with the sale associate due to the store

1 Answers. Asked on Jul 14th, 2017 on Labor and Employment - Florida
More details to this question:
Policy. I would clock out the store associate would go get my food or I would leave for my 30 min break scheduled for to close 1:15 to 9:30 pm , Claire's the company I worked for told me I had to be confined to the store with the sale associate and I was terminated due to THERE policy .Florida Dept of Labor Laws State different.
Answers Showing 1 out of 1
Answered on Jul 23rd, 2017 at 6:58 AM

I think this would be improper just based upon the facts as stated.  If you are in a retail place and NON exempt you should have the right to leave the premises for your break.  If you are treated as exempt, there may still be a basis for this to be unlawful.  Consult a lawyer about the termination and the pay practice and whether you might have a right to past wages and a claim under the FMWA or the FLSA or both for unlawful retaliation.  If the employer did this, they should be prepared to back up that it is a written policy first and foremost that you have read and understood.  

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Labor and Employment
Labor and employment attorneys can help both employers and workers prevent, address and resolve a variety of issues related to the employer-employee relationship. Small business owners and managers should consult with employment lawyers when crafting employment policies (including those related to hiring, affirmative action, compensation, medical leave and sexual harassment); negotiating employment contracts, non-compete agreements and severance agreements; and resolving employment-related personnel disputes. Workers should talk to a labor and employment law firm before signing any job-related contracts and for help addressing issues related to discrimination, harassment, Americans with Disabilities Act (ADA) accommodations and Family and Medical Leave Act (FMLA) requests.
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