Legal Question in Employment Law in Minnesota

Excessive discpline for drink during meal period

What is the name of your state? Minnesota

Issue: I had one drink during my meal period at 6 p.m. on Friday. I forgot to log out during my meal period.

I was not impaired. I work 2 p.m. to 10 p.m. I am an operations manager (I run operations when supervisors are not there). An employee found out I drank at work and told another employee she was going to tell on me. I called my lead (lead does not have firing/hiring capabilities). My lead said not to worry about it, that I should keep working and I could deal with it on Monday. My lead stated she told the ''tattle tale employee'' to call her backup (which was a supervisor I do not report to) if she felt so inclined because she was on vacation. I spoke to the other supervisor on Monday who the employee had called on

Friday night and was also told not to worry about it. In the end, I was suspended a week without pay, given a new lead, told I could not receive promotions or raises for a year, and was placed in a previous role as a call center specialists. I quit because I was trapped and everyone would know about my discipline because I had worked with them before and was being demoted. Everytime I raised concerns, I would told I was responsible for my own actions.


Asked on 5/11/05, 7:40 pm

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

Re: Excessive discpline for drink during meal period

SOunds like overkill. How much has your actual pay been reduced?

What does you Employee Handbook/Manual have to say about alcohol during work?

Is discipline required to be preceded by verbal or written warnings?

I would want to review written materials as well as learn more about your duties, the company and the full context of the incident before giving you my final opinion.

Feel free to call or e-mail me.

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Answered on 5/12/05, 3:28 am


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