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The Next Big Class Action: Free Labor
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<blockquote data-quote="59 Dano" data-source="post: 1209966" data-attributes="member: 23516"><p>Exactly. The first thing he will ask you is, "Can you provide evidence that your employer has asked you or told you to work while on break?" When you tell him no, his next question will be, "Can you provide evidence that your employer has told you that your employment is in jeopardy if you don't work while on break?" When you tell him no again, he will tell you that you have a really tough case. He may say at that point that there's nothing he can do, but will probably ask for some more information. </p><p></p><p>You will be asked about the break policy at some point in the consultation. You will tell him that the policy is that you can be terminated for working on your break and that your powerpad reminds you that you are not to work on your break when you start your break. This does not work in your favor.</p><p></p><p>At some point you will get to the "If I don't make my productivity goals, I fear that I'll be fired" part. He will probably tell you that getting fired for performance reasons is not unusual. He will ask you if you have been given a clear and direct threat that you will be fired for not making your goals. He may ask you how many couriers have been fired for this, and if you can document it. It's not likely, but your answers ("I don't know" and "No") won't give him much to work with anyway.</p><p></p><p>What's left is what was described in the original post. A courier chooses to work through his lunch breaks because he thinks that he has to in order to keep his job despite being told nothing of the sort. That's probably going to be the point where he tells you that your complaint, such as it is, consists of you deciding on your own and without being told, asked, or threatened with termination to work through your breaks; doing so with the knowledge and understanding that your employer's policy is that you are never to work during a break; and it's your employer's fault.</p><p></p><p>If you're going to take that course of action, give the attorney something to work with. Believe it or not, there is a legal term in employment law for taking it upon yourself to work through your break: screwed.</p></blockquote><p></p>
[QUOTE="59 Dano, post: 1209966, member: 23516"] Exactly. The first thing he will ask you is, "Can you provide evidence that your employer has asked you or told you to work while on break?" When you tell him no, his next question will be, "Can you provide evidence that your employer has told you that your employment is in jeopardy if you don't work while on break?" When you tell him no again, he will tell you that you have a really tough case. He may say at that point that there's nothing he can do, but will probably ask for some more information. You will be asked about the break policy at some point in the consultation. You will tell him that the policy is that you can be terminated for working on your break and that your powerpad reminds you that you are not to work on your break when you start your break. This does not work in your favor. At some point you will get to the "If I don't make my productivity goals, I fear that I'll be fired" part. He will probably tell you that getting fired for performance reasons is not unusual. He will ask you if you have been given a clear and direct threat that you will be fired for not making your goals. He may ask you how many couriers have been fired for this, and if you can document it. It's not likely, but your answers ("I don't know" and "No") won't give him much to work with anyway. What's left is what was described in the original post. A courier chooses to work through his lunch breaks because he thinks that he has to in order to keep his job despite being told nothing of the sort. That's probably going to be the point where he tells you that your complaint, such as it is, consists of you deciding on your own and without being told, asked, or threatened with termination to work through your breaks; doing so with the knowledge and understanding that your employer's policy is that you are never to work during a break; and it's your employer's fault. If you're going to take that course of action, give the attorney something to work with. Believe it or not, there is a legal term in employment law for taking it upon yourself to work through your break: screwed. [/QUOTE]
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