“Gotta Go”

Dear Marsha,

Normally I would never write to an advice column, no offense, but it is not my thing. I just wanted to get a second opinion on an issue I am having at work. We work 9 1/2 hours a day. We do get a 30 minute lunch, which is unpaid of course. Between times we recieve a couple of 5 minute breaks. I am a 60 year old man.  I have worked for this company for the past 10 years. I want to tell you that I have been yelled at from this place of work just because I use the restroom on my 5 minute break, and come back from doing my business and am 1 minute late. I assure you that I am only doing my business, washing my hands, and nothing more. I was wondering if this was legal or normal in a place of work. My old job that was closed down, I had worked there for almost 30 years. I have never been treated so rudely as I have at this current factory. I would just quit, but at my age, I will find it difficult to find another job. Not to mention that we have really good insurance. I don’t like being treated like a kid when it comes to breaks. What should or could I do?

Gotta Go

Dear Gotta Go,

It is a shame when places of work will treat you with such indignity. I wonder if they abide by the rules themselves and only take 5 minute bathroom breaks and not a second more when they really “Gotta Go”.  I believe most everyone will agree that they themselves have had to take longer breaks than just 5 minutes to “do their business”. I find your company or any company like this to be very rude and would like to simply say…”SHAME ON THEM”.

I would like to first of all suggest that you check with your States Labor Laws. I know in the state in which I live, employees are entitled to a rest period of at least 10 minutes during each four hours you work. This rest period is a paid break. I can only assume your company is giving you 5 minute breaks every 2 hours. To me that has its good and bad points. Perhaps if they offered just 1 10 minute break, then you would be able to “go” more freely. Then for the lunch break, employees are entitled to to a reasonable period for a meal no sooner than the third nor later than the fifth hour of your work shift. This break does not have to be a paid break. With this being said, I think your company is being legal, but not very considerate.

I would also suggest that you simply appologize after being yelled at and try to explain that you were only doing your business and nothing more. Places of work should take into consideration that everyone must be permitted to relieve themselves at some point, and not everyone can tell their bladder or bowels when it is ok or not to go.

If your place of work continues to be unreasonable about the situation, perhaps you could take it to someone above them. Go through the chain of command. Line leader, Foreman, Human Resources, and keep climbing up the ladder. If this fails, or if you just wish to bypass this step, then you can always check with an attorney. Many attornies offer free consultations. You could discuss this issue with them and see what they advice for you.

If all else fails and your place of work still continues to be unreasonable, here is a thought.  Don’t quit.  Also, don’t get stressed out if they fire you, at least then you will be able to draw unemployment and continue recieving a paycheck. Their is also the The Consolidated Omnibus Budget Reconciliation Act of 1985 known as (COBRA) option to continue your insurance as well. This may give you the time to find a descent job that would be more considerate to your bathroom needs and offer benefits as well.

Always,
Marsha

Tags: Bathroom, Break, Breaks, Business, Gotta Go, Labor Laws, Law, Restroom, Work