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jjoy · May 1, 2009, 02:08 PM

If someone works 10 hr shifts without lunches and looses a consciousness due to low BP. Can this result into lawsuit? This is a large corporation, might be higher than walmart. I read recently that walmart was paid a lot on punitive damages and such practices are still going on Illinois. Suppose I like to get help on this issue, what are some of the choices.

Justwantfair · May 1, 2009, 02:15 PM

Have you contacted an Employment Law attorney in your area, that would be a good first step?

You can file a claim with the Illinois Department of Human Rights* or the Equal Employment Opportunity Commission.

jjoy · May 1, 2009, 02:40 PM

Why do lawyers want us to contact Illinois Human Rights department? Lawyers simply think that the Human Rights will make company start the lunches breaks. I'm concerned about more last 7 or 8 years of lunch time for all he emplyoees. Walmart recently paid a large sum of money on this issues. We have more 3500 emplyoees that are going through the same situation. In any case, how will Illinois Humand rights will benefit me?

Justwantfair · May 1, 2009, 02:45 PM

So you are really interested in the Labor violation and a class action lawsuit against your company?

You need to contact the Illinois Department of Labor and report your company (312) 793-2804. If you would like to do more then report the company then you will need to contact an attorney. Especially to protect yourself against any retailation of reporting them.

excon · May 1, 2009, 02:54 PM

Originally Posted by jjoy

In any case, how will Illinois Humand rights will benifit me?

Hello j:

You want them to do an investigation. If your company has been found to have violated the law, then your lawsuit is going to be a slam dunk. If you don't do that, YOU'RE the one who has to prove they violated the law... and I don't think you have enough money to do that...

So, let the government do the work, and you reap the rewards. It'll probably BE a class action suit, so the award will be shared by everybody. But, that ain't bad.

excon

PractAdmin · May 12, 2009, 12:06 PM

It is the Law that an employer provide a 30 minute break, (call it lunch, supper, whatever) if an employee works more than 6 hours.
Report them definitely, sue them... you got the money honey, an attorney has the time.

Justwantfair · May 12, 2009, 12:20 PM

Originally Posted by PractAdmin

It is the Law that an employer provide a 30 minute break, (call it lunch, supper, whatever) if an employee works more than 6 hours.
Report them definitely, sue them........you got the money honey, an attorney has the time.

An employee who is to work 7 1/2 continuous hours or more shall be provided an unpaid meal period of at least 20 minutes. The meal period must be given to an employee no later than 5 hours after beginning work. Illinois has no law regarding breaks. 820 ILCS 140/3.

This is Illinois law. Companies are often fined for violations, not necessarily are employees compensated.

Talking to an attorney is still good advice.

JudyKayTee · May 12, 2009, 12:30 PM

Originally Posted by PractAdmin

It is the Law that an employer provide a 30 minute break, (call it lunch, supper, whatever) if an employee works more than 6 hours.
Report them definitely, sue them........you got the money honey, an attorney has the time.

I don't find this in Illinois Law - could you post the site that I'm overlooking?

Justwantfair · May 12, 2009, 12:35 PM

Originally Posted by JudyKayTee

I don't find this in Illinois Law - could you post the site that I'm overlooking?

I sited the correct Illinois Law. Please reference my post. :D

JudyKayTee · May 12, 2009, 12:37 PM

What you posted is also what I found - just thought perhaps it had been amended, changed, something along those lines and I missed it.

Of course, you ARE in Illinois so you get to be the expert!

jjoy · May 12, 2009, 10:41 PM

I went to labor department to file a complaint about the lunches. They think the case is too weak and little can be done. Labor department will simply send a notice to the employer to start giving lunches. They are looking for more complaints from employees to consider this as a meaningful case. Meanwhile, I'm facing problems from authorities in the company and they are trying to take the job away. I have started to face retaliatory behavior from my employer. I do not know if there is any alternative to the issue.

Justwantfair · May 13, 2009, 06:08 AM

The retaliation could be cause for a lawsuit, depending on other circumstances. You are protected under the Whistleblowing Act.

Do they know that it was you who made the report to the Labor department?

Was there documentation of issues prior to the complaint?

All of your information still needs to be taken to an Employment lawyer in your area if you are interested in knowing and protecting your rights.

excon · May 13, 2009, 06:10 AM

Hello j:

Couple things.

You should have hired a lawyer FIRST. Bureaucrats would rather eat lunch than investigate... They SUCK!

You are protected by a whistleblower law. You NEED to document what is going on, cause if you don't, not only will you not get lunch - you won't have a job!!

excon

jjoy · May 21, 2009, 10:54 PM

So they decided to sent me home for complaints from labor bureau. I filed complain on 05/01/09 and terminated on 05/15/2009 for lunches and breaks. I have also filed at EEOC for discrimination as per lawyers suggestion. I like to know if I'm protected under any law for such actions from the company.

JudyKayTee · May 22, 2009, 05:58 AM

You would have to check with an Attorney - without knowing the complete background here it is difficult to know if the company is unfair or you just like to complain.