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FMLA Leave Denied — forced to work through lunch breaks

Started by Paralegal_Jen · Dec 12, 2024 · 1,636 views · 7 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
PJ
Paralegal_Jen OP

I'm in a difficult situation and trying to figure out my next steps.

forced to work through lunch breaks. I've been dealing with this for about 2 months now and the situation isn't improving.

I have worked at this company for 2 years. My position is exempt and I do have a written employment agreement beyond the standard offer letter.

What are the risks if I pursue this? What's the likely timeline?

TL
Mod_TermsLaw Moderator

I practice in this area. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under the FLSA and state wage laws. The standard is whether a reasonable person would find the conduct compensable.

Before taking legal action, consider sending a formal demand letter. In many cases, this alone resolves the issue.

NR
NurseUnion_Rep

Been there. Here's what I learned.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

MA
MusicProducer_ATL

Been there. Here's what I learned.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

NI
newbie_investor_OH

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

DS
DevOps_Seattle

Been there. Here's what I learned.

I ended up hiring an attorney to send the initial letter, which cost about $2-4 but saved me a lot more in the long run.

ES
eComm_Seller_2022

Not a lawyer, but I have direct experience with this.

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

IG
InsuranceGuy_FL

I've dealt with this before.

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

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