No break given in ten hours results in hospital stay.

I have been made to work by my employer for up to ten hours with no break given. Two weeks ago this resulted in my ending up in the hospital with severe asthmatic bronchitis that was going into pneumonia. I had told the manager that day that I was having trouble breathing and that my chest hurt. She did nothing about it nor let me go on a break when I was due one. When confronted with the issue, she merely apologized and said that she didn't realize how serious it was, and then proceeded to do it again the next week. Do I have grounds for legal action?

2 answers  |  asked Jul 9, 2001 4:59 PM [EST]  |  applies to California

Answers (2)

Richard J. Vaznaugh
mandatory breaks

If it is only you you can also file a claim with the California Labor Commissioner -- also, look for a worker's compensation attorney in your area to help with the injuries. RV

posted by Richard J. Vaznaugh  |  Jul 11, 2001 8:25 PM [EST]
Janet M. Koehn
breaks refusal

refusing to allow breaks required by law can result in substantial penalties against the violating company if the practice is widespread. if your company is routinely denying breaks to a substantial number of employees, you should contact a lawyer experienced in employment law. if only you are being subjected to this practice, you should complain to your human resources department or your supervisor's manager. you are protected by law from retaliation for complaining about this violation of law. if you are retaliated against, see an employment lawyer.
janet koehn
805-658-0655

posted by Janet M. Koehn  |  Jul 9, 2001 6:02 PM [EST]

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