• BarneyPiccolo@lemmy.today
    link
    fedilink
    English
    arrow-up
    66
    arrow-down
    1
    ·
    3 days ago

    The proper response isn’t to quit, It to send a response that says that the law requires a break, and you intend to follow the law, even if my supervisor demands that I break the law. I will not follow an illegal directive.

    I’m the future, I will take all legal breaks, for their full amount of time.

    Further, I will be saving this email as evidence, in case of any future lawsuits by any employees. Any future discussion of this subject will be shared with the state department of labor.

    And I would copy HR.

    • FluorineBalloon@programming.dev
      link
      fedilink
      English
      arrow-up
      29
      arrow-down
      5
      ·
      edit-2
      21 hours ago

      They’d just find a bullshit reason to let you go, then break more laws sharing disallowed details about your employment.

      Sadly, in the US at least, the regulatory capture is complete. Any company acting like this (blatantly breaking labor laws and ignoring worker rights) knows they’ll pay less than the cost of keeping the water cooler full in the off chance the labor board sends them more than a mildly worded letter.

      Edit: I was feeling pretty pessimistic when I wrote this, I didn’t intend it you come across as “don’t try” but I can certainly see how it comes across that way. We should all be holding the companies and the regulatory agencies accountable, and not letting them get away with breaking laws. Enough people making enough noise can’t be swept under the rug.

      • JcbAzPx@lemmy.world
        link
        fedilink
        English
        arrow-up
        18
        ·
        3 days ago

        No, you can still win lawsuits against companies that do that. They rely on the reluctance of people to sue and on people like you who try to talk people out of defending their rights to get away with it.

      • BarneyPiccolo@lemmy.today
        link
        fedilink
        English
        arrow-up
        18
        ·
        3 days ago

        I’m not so sure. With that letter, and your response, its going to be hard for them to claim that your firing wasn’t retaliatory.

        • ZombiFrancis@sh.itjust.works
          link
          fedilink
          English
          arrow-up
          6
          arrow-down
          1
          ·
          3 days ago

          If it is a private company with a ‘work family’ mentality they’ll ignore it entirely on the gamble those kinds of entities never hire, or pay, anyone enough to afford a wrongful termination lawsuit.

          And if so, they’ll be willing to lie under oath. They’re already willing to break the law. They’ll have the remaining employees, in the rare odds they’re deposed, do the same. If they’re already working through lunch, they’ll sign a document for their boss that says you stole something.

          • BarneyPiccolo@lemmy.today
            link
            fedilink
            English
            arrow-up
            7
            ·
            3 days ago

            Except you’ve got an email where the boss specifically advises you to break the law. They can lie all they want, but that email clearly outlines their illegal policy and expectations.

            They can lie, but a judge might declare that to be perjury in light of that email.

            • ZombiFrancis@sh.itjust.works
              link
              fedilink
              English
              arrow-up
              4
              arrow-down
              2
              ·
              3 days ago

              Their goal would be to muddy the waters so that their decision is reframed as something other than wrongful termination.

              The e-mail, when paired with evidence that smears the terminated party, (forged or not) creates a dynamic where severance appears necessary.

              The company can claim they fired the person because they didn’t want to pursue criminal charges for theft or smear their name and hope they find Christ or something. And that works with judges. Even in the face of overwhelming evidence of wrongdoing and misconduct: they’ll just be analyzing if the termination was wrongful.

              This is one of the many reasons why unions are important, by the way.

              • BarneyPiccolo@lemmy.today
                link
                fedilink
                English
                arrow-up
                6
                ·
                3 days ago

                This is one of the many reasons why unions are important, by the way.

                Oh, yeah, unionize EVERYTHING. The ONLY reason we have all the employee protections and benefits we have are because of unions. Literally every single thing an employee gets beyond “work harder, or you’re fired from your dangerous low-paying job” is because of unions.

              • Frigidlollipop@lemmy.world
                link
                fedilink
                English
                arrow-up
                2
                ·
                2 days ago

                This is true. Company could easily wait a while then hit OP with a vaguely worded pip. Bam, magically they get let go for “performance” issues that seemingly have nothing to do with how they take their lunches.

    • yermaw@sh.itjust.works
      link
      fedilink
      English
      arrow-up
      3
      ·
      3 days ago

      “My apologies, this wasnt brought forward in the interview stage. If it continues to be a problem I will.be reachable on this email address.”