Legal Question in Employment Law in California
a manager in our co was terminated for saving the company money by putting down that he took a break at the appropriate time but actually took the break later than it should have occurred. This occurred because it was too busy at the time, so the break needed to be done much later. This saved the company money. The company does not give enough hours labor to allow breaks without suffering poor customer service speed which we get negative marks for via customer service surveys and our boss puts pressure on us. If we schedule more people to cover the breaks, it will put us over the allowed labor and we suffer negatives/ discipline for that as well. The company terminated him but offered him a check for the break times that were missed. does this indicate they worry they have liability ? what evidence would be needed for class action?
1 Answer from Attorneys
This is a question that the manager should be asking. But at will employees can be fired at any time for any reason, or even no reason at all. That he lied on his time records is a good reason for an employer to terminate him. If the company does not provide breaks, they could be subject to liability.