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View Full Version : On the breaks and lunches issue...


kutuup
February 11th, 2010, 05:06 PM
I'm taking legal action. Why? I was discpilined (ie written up) for sitting down during a shift. When did BB become slave labour!? If I've been working for 6 hours solo, I'm entitled to a break. They made the biggest mistake of their lives giving me a written warning which stated how long I'd been on shift when I was "caught" sitting down on the clock with customers in the store... 7 hours! Just to make matters WORSE, they were dumb enough to threaten suspension in writing on the document if I did it again! It's not like I abandoned the store, they stated that sitting down behind the counter when there are customers in store is unnacceptable and a repeat "offense" will result in investigation and suspension. The document was signed by the DM and mentions that "the employee understands that if the RM were to witness this behaviour, more serious action would be taken."

Well, me and this document are taking a little walk down to the council offices tomorrow to initiate legal action. Along with a testimonial from my SM that says that they raised this same issue before and were told "no one complains so policy isn't changing".

Fuck policy.

I'm not having it any more, they can't just flagrantly violate the law and get away with it. If they are dumb enough to threaten me in writing when they are wrong, then they deserve everything they get.

Might even claim some monetary "damages" while I'm at it. Hell, they have no ethics, why should I!?

orbitdvd
February 11th, 2010, 05:32 PM
Then quit.

almondSM
February 11th, 2010, 05:40 PM
i dont understand. Sounds like they just have it out for you...i've never heard of such a dumb thing before.

sobedrummer
February 11th, 2010, 06:48 PM
As long as you're getting paid your premiums, you ass is there to work.

zooworker
February 11th, 2010, 07:28 PM
They are out to get everybody, so they can hire a bunch of zombies at minimum wage to work.

empbal
February 12th, 2010, 01:09 AM
Many states don't require breaks or lunches but some may have a clause that says something like if there is a written break policy, it must be followed. So you'll want to be 100% sure they have broken the law, because either way, if you start this, you'll find yourself out of a job very quickly. Then again if you're getting written up for sitting down, they might be trying to get rid of you anyway.

KAWLIGA
February 12th, 2010, 06:04 PM
I'm taking legal action. Why? I was discpilined (ie written up) for sitting down during a shift. When did BB become slave labour!? If I've been working for 6 hours solo, I'm entitled to a break. They made the biggest mistake of their lives giving me a written warning which stated how long I'd been on shift when I was "caught" sitting down on the clock with customers in the store... 7 hours! Just to make matters WORSE, they were dumb enough to threaten suspension in writing on the document if I did it again! It's not like I abandoned the store, they stated that sitting down behind the counter when there are customers in store is unnacceptable and a repeat "offense" will result in investigation and suspension. The document was signed by the DM and mentions that "the employee understands that if the RM were to witness this behaviour, more serious action would be taken."

Well, me and this document are taking a little walk down to the council offices tomorrow to initiate legal action. Along with a testimonial from my SM that says that they raised this same issue before and were told "no one complains so policy isn't changing".

Fuck policy.

I'm not having it any more, they can't just flagrantly violate the law and get away with it. If they are dumb enough to threaten me in writing when they are wrong, then they deserve everything they get.

Might even claim some monetary "damages" while I'm at it. Hell, they have no ethics, why should I!?


You are 100% CORRECT!
ENJOY YOUR LAWSUIT WINNINGS!!!

Better yet, find someone else that got screwed the same way you did and ask your lawyer about a "Class Action Lawsuit"...trust me.

HelloItsMeMOM
February 12th, 2010, 09:23 PM
The lawyer will love this one ... it is all written down ... lol

The Omen
February 13th, 2010, 08:26 AM
yeah, take them to court, you will get your money! its not like they are going out of business or will claim bankruptcy.... oh wait...

Paradigm
February 13th, 2010, 01:38 PM
Suing a multinational corporation individually is right up your alley! Good luck my friend, I'm assuming you must not work at Blockbuster anymore, because a Blockbuster employee can't afford a lawyer for 4 years of red tape, and 10 years before they see any money!

I wish Americans would get over their "SUE EM!" ideas, it's not that easy kids! My family was in a lawsuit with Pfizer for 5 years, still haven't seen any money, and it's been 10.

I am not whining to blockbuster's support, I just hate this whole "ZOMG I'M GUNNA SOO! THEY MADE ME LIEK, AKTUALLY WERK WHEN IM ON DA KLOCK"...Shocking!

Flantanella
February 13th, 2010, 02:33 PM
I must say while I despise BBV with a fire with a thousand suns. You really have no case, less your boss or DM said racial slurs to you, sexually harrassed you, etc etc. The courts and the government are with the companies. Believe when I was forced out I talked to a lawyer and he was pretty high class which made me think I had a good chance. He said the three dead words: "Employment at Will" which allows you to quit any time and the company can fire you anytime they want. Now I know its different case in your situation. But the law is on their side, if you choose to go foward. I wish you the best and to be victorious in your fight. But you will have a battle to fight for more then you can expect. I speak from experience

zooworker
February 13th, 2010, 03:21 PM
Fuck policy.

I'm not having it any more, they can't just flagrantly violate the law and get away with it. If they are dumb enough to threaten me in writing when they are wrong, then they deserve everything they get.

Might even claim some monetary "damages" while I'm at it. Hell, they have no ethics, why should I!?
You don't have a chance in hell...........

HelloItsMeMOM
February 13th, 2010, 06:37 PM
Yes but in this instance there is proof in writing that they fired him for taking breaks.

almondSM
February 13th, 2010, 09:17 PM
unless i read this wrong, the op didn't get fired for it...in writing it says "more serious action will be taken"...if you're going to sit down during your shift, just make sure you actually clock out for a break. Otherwise, sitting down while they are paying you, even if its minimum wage is wasting their time. I wish you luck, but i don't think you'll get anywhere.

deathbydanny
February 15th, 2010, 03:03 PM
Depends, as most situations like these do, on the state and the situations. I have no idea anymore if BBV specified it, but most job applications online now have specific questions asking if you can stand for long periods of time. Barring anything requiring you to sit down (recent surgery, bum knee, anal prolapse) there's not much you can do in that respect. All things considered, with the way the company is going now, they were probably looking for an excuse to fire you and found one, however spurious.

Don't sweat it. There's better out there.

mollie
February 15th, 2010, 11:51 PM
well i think the op is right. here in england its the law that you should have a break. why should bb not abide by the law when every other company in the uk has to. im sick of bb's petty rules. & before anyone gets on there high horse & tells me to get a another job, why should i ? i have a job. its bb thats wrong not me or the op

almondSM
February 16th, 2010, 08:26 PM
nobody working at blockbuster right now has a high horse...haven't been on one of those since 2006ish..

ClutztomerControl
February 20th, 2010, 10:33 PM
Oh poor little you. If you think life is unfair. Get a job in China. See how cushy they treat you there.


This isn't like the big Wal-Mart Class Action Lawsuit. Wal-Mart was clocking out their employees for breaks.. and making them work off the clock.

You are on the clock. Deal with it.


sheesh.

whineyboy
February 21st, 2010, 06:10 AM
I think there is more to this then is being said, because i have seen people sit down where costunmers can see them all the time, (just for a few minutes) and if the person had been working 7 hours i can not believe this alone would get a corrective action

smit1979
February 21st, 2010, 05:51 PM
"I've spoken to my SM about this issue and as much as she's annoyed about it too, the only response I seem to get is "it's a big corporation and you'll never win."

So, I don't understand who's fault it is that you aren't taking breaks. Wouldn't it be your SM that isn't letting you take breaks? Is there some Blockbuster rule in the UK that says your SM can't let you take a break?

djsdojo
February 23rd, 2010, 01:40 PM
I'm taking legal action. Why? I was discpilined (ie written up) for sitting down during a shift. When did BB become slave labour!? If I've been working for 6 hours solo, I'm entitled to a break. They made the biggest mistake of their lives giving me a written warning which stated how long I'd been on shift when I was "caught" sitting down on the clock with customers in the store... 7 hours! Just to make matters WORSE, they were dumb enough to threaten suspension in writing on the document if I did it again! It's not like I abandoned the store, they stated that sitting down behind the counter when there are customers in store is unnacceptable and a repeat "offense" will result in investigation and suspension. The document was signed by the DM and mentions that "the employee understands that if the RM were to witness this behaviour, more serious action would be taken."

Well, me and this document are taking a little walk down to the council offices tomorrow to initiate legal action. Along with a testimonial from my SM that says that they raised this same issue before and were told "no one complains so policy isn't changing".

Fuck policy.

I'm not having it any more, they can't just flagrantly violate the law and get away with it. If they are dumb enough to threaten me in writing when they are wrong, then they deserve everything they get.

Might even claim some monetary "damages" while I'm at it. Hell, they have no ethics, why should I!? Well since you posted this message I'm assuming you have access to the internet. Well you should do some reasearch on employees rights where you live google it.

zooworker
February 23rd, 2010, 02:09 PM
Well since you posted this message I'm assuming you have access to the internet. Well you should do some reasearch on employees rights where you live google it.
He is to busy taking breaks:rolleyes:

TheAnomaly
February 23rd, 2010, 03:04 PM
He is to busy taking breaks:rolleyes:

And starting threads about it.

zooworker
February 23rd, 2010, 08:09 PM
And starting threads about it.
Next he will start a drop box thread.

Oh god, I shouldn't have said that:eek:

TheAnomaly
February 24th, 2010, 12:16 PM
Next he will start a drop box thread.

Oh god, I shouldn't have said that:eek:

That would imply he ever checked the drop box. That'd be too much like a break.

sar94pga
February 24th, 2010, 01:18 PM
If memory serves...the OP is from the UK. they might have different labor laws than we do in the US.

IIRC the UK version of blockbuster has all employees sign contracts to the terms of their employment. So, having said that, if blockbuster has violated the terms of their contract then the OP may have a case.

zooworker
February 24th, 2010, 02:28 PM
If memory serves...the OP is from the UK. they might have different labor laws than we do in the US.

IIRC the UK version of blockbuster has all employees sign contracts to the terms of their employment. So, having said that, if blockbuster has violated the terms of their contract then the OP may have a case.
And what did you find in your drop box sar:D

sar94pga
February 24th, 2010, 06:13 PM
And what did you find in your drop box sar:D

i found some pens and some vault!!!

zooworker
February 24th, 2010, 06:54 PM
i found some pens and some vault!!!
And how many pens are in your store now?

LeaderOfShifts
March 2nd, 2010, 09:01 AM
How's this lawsuit coming? Judging by the use of the word "labour" OP is def. in the UK. I know I signed my life and job security away when I got the job, the whole "We brought you into this world we can take you out"[paraphrase...] part of the contract.

kutuup
March 6th, 2010, 05:35 PM
As some people have pointed out, yes I'm from England, where labour laws state that for every six hours worked you MUST have at least 20 mins break, be it on or off the clock (I don't expect them to pay me for my break, but I expect to GET one!)

I ended up taking it to small claims court and, contrary to what many posters predicted, the ruling was in my favour. I didn't claim monetary damages in the end since I wasn't really harmed in the grand scheme of things, however the court decided that "operating hours must now accomadate statutory employee break regulations regardless of the 'needs of business' as stated in contract."

However, my 2 shifts since the ruling were both 7 hours long, and guess what? No break. Hours of business have not changed. I'm starting to wonder how stupid the upper management can be! My SM (who gave evidence in the case) is now freaking out because they wont give him/her permission to close the store for 20 mins in the afternoon.

Btw to the people who think I will be fired; In England, if you have evidence to suggest that you were fired or suspended as a result of bringing a court case against your employer that you won, you can then initiate legal action against them again for Unlawful Dismissal, which is an even more serious crime. Yes, I mean CRIME. This isn't the USA, and an employer cannot just fire you without good reason and evidence to back up their reasoning. If they fired me and there was even the slightest doubt to their reasoning, the case would be mine, and this time I would claim monetary damages. For wasting my fucking time with their bullshit.

BB's legal team are shockingly bad, I mean it. They depend on not being challenged. People seem to be terrified of standing up to big companies, I don't get it. If you can prove they broke the law, they will lose. If you can prove they broke the law TWICE, like the way this situation is headed, they will lose everything.

sobedrummer
March 6th, 2010, 06:58 PM
Btw to the people who think I will be fired; In England, if you have evidence to suggest that you were fired or suspended as a result of bringing a court case against your employer that you won, you can then initiate legal action against them again for Unlawful Dismissal, which is an even more serious crime. Yes, I mean CRIME. This isn't the USA, and an employer cannot just fire you without good reason and evidence to back up their reasoning. If they fired me and there was even the slightest doubt to their reasoning, the case would be mine, and this time I would claim monetary damages. For wasting my fucking time with their bullshit.

Didn't you say they had you on video sitting down on your shift?
That seems like reason enough for firing.
That's not to say they're right in doing it,
Just saying that they have cause to fire you aside from the lawsuit.

zooworker
March 6th, 2010, 07:00 PM
I can just see BBI defense team, wearing powdered wigs:rolleyes:

wheresmikey
March 7th, 2010, 02:18 PM
Btw to the people who think I will be fired; In England, if you have evidence to suggest that you were fired or suspended as a result of bringing a court case against your employer that you won, you can then initiate legal action against them again for Unlawful Dismissal, which is an even more serious crime. Yes, I mean CRIME. This isn't the USA, and an employer cannot just fire you without good reason and evidence to back up their reasoning. If they fired me and there was even the slightest doubt to their reasoning, the case would be mine, and this time I would claim monetary damages. For wasting my fucking time with their bullshit.



yeah, according to michael moore's Capitalism, the american employment system is fucked up and needs to be more like european systems or complete democracy.

kutuup
March 7th, 2010, 05:16 PM
Didn't you say they had you on video sitting down on your shift?
That seems like reason enough for firing.
That's not to say they're right in doing it,
Just saying that they have cause to fire you aside from the lawsuit.

Again, I'm from the UK, you can't fire someone for sitting down over here. If I had had my break and THEN spent the shift sitting on my ass, that would warrant a warning, but since the CCTV tape shows I had not had a break in 7 hours, and also shows me being reprimanded for said sitting down, them trying to use that as evidence would be an epic fail since it demonstrates how THEY broke the law, and how I did what I was entitled to do legally.

On a side note, employees are (technically) entitled to give themselves manually an extra 5% discount on preowned product since the most recent version of the Employee Handbook (and your contract) says staff are entitled to 25% discount on preowned product which is subject to change. Since the employee handbook we are still provided with, and our contract both say preowned discount is 25%, legally no official change has been made. This is because the most recent handbook was printed AFTER they made the change to the discount amount and they didn't bother changing it in the text. Them verbally changing the discount amount does not negate what is in writing. In the same way, when they send down a voicemail saying you can only have 10% discount on a new title, you are entitled to manually remove another 5% since the most recent revision of the documentation of your employee benefits says you have a 15% discount on new product. It does say it is subject to change, but unless that change is reflected in the provided documents it is invalid. This is what's known as Breach Of Contract, and (in the UK) at least, it is also a crime. I have never seen contracts so full of holes as Blockbuster contracts. For example, if you refer to your terms of emplyment you will see in plain type thet you will get double time for working bank holidays (if your contract began before 2008). This is not true. This is also a crime. You may find that they have scratched this line out (which I have seen done). Guess what, editing a legal document on which you are a signatory without your consent is another example of Breach Of Contract.

I'm amazed more people haven't picked up on these things. Go and check them, you'll see what I mean.

And no, I'm not persuing any further legal action, it would be like picking on a kid with special needs, and I'm not into legal action for profit, only to get what I'm legally entitled to. I'm not legally entitled to ANY staff discount or benefits so kicking up a fuss in terms of court would be ridiculous.

djblade
March 7th, 2010, 07:44 PM
Your right! :cool: Hope something happens