Q: Can I sue my boss?
I worked at a small restaurant for 7 years without ever receiving breaks or lunches. I typically work 6-7 hours per shift and usually work two days a week. I've let a lot of small issues slide, like noticing my check is slightly off or not knowing if my tips are added correctly. Most times I'm not paid on time, and occasionally my checks have bounced.
Lately, I feel like my boss wants me gone. He's been short with me, seems irritable, has cussed at me, and is giving me a hard time about getting a day off due to illness, even with two days' notice. I had a doctor's note for one of my shifts, and when I asked for the next shift off, he said he’s already covering for me and expects to see me at my next shift.
A:
Yes, you can potentially sue your boss. Working without breaks or lunches may violate labor laws, especially if your state mandates them. If you are not being paid correctly, experiencing delayed payments, or receiving bounced checks, these are serious violations of wage laws.
Your boss's hostile behavior, cursing, and unfair treatment regarding time off due to illness can also be considered harassment or creating a hostile work environment. Document everything carefully, including missed breaks, incorrect pay, bounced checks, and any hostile interactions. Keep copies of your doctor's notes and any communication regarding your time off.
Consult with a labor attorney to discuss your specific situation and explore your legal options. They can help you determine if you have a case and guide you through the process of seeking justice and proper compensation for the mistreatment you’ve endured. Taking this step can protect your rights and ensure that you are treated fairly in the workplace.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.