S asked in Politics & GovernmentLaw & Ethics · 2 months ago

Can I sue my employer over this?

I work in California at a Home Depot as a cashier

, under California law employees have the right to sit under the Suitable Seating law. We have been provided with stools but we are not allowed to sit in them according to my new store managers policy. Suitable seating lawsuits have gone all the way up to the Supreme Court and have won against business such as Walmart and CVS. I’m not really trying to sue, but I’m wondering if this is even allowed. I’m tired of being threatened with disciplinary actions if I’m not in the wrong. If you look up the law it states that any and all employees have the right to sit or take a seat as long as it does not affect their job. As a cashier at Home Depot you are not expected to stock and you even get in trouble for leave the register area. So why am I being threatened by other employees or management for sitting in the stool when it’s dead. I do not sit when customers are around and need help, I clean the register area and sweep when needed.  

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  • Ana
    Lv 6
    2 months ago
    Favorite Answer

    Well, your employer might argue that you sitting *does* impact your job, because you could be looking for customers to help... or maybe they feel that it “looks bad” to customers, like the employees are lazy.

    Basically, the law isn’t so cut and dry bcuz of the caveat in the law that says “it’s allowed *IF IT DOESNT NEGATIVELY IMPACT THE JOB*”. This caveat makes it much harder to sue.

    You probably should nicely bring this law up to your employer and make it clear you aren’t trying to cause trouble, but you just want the law to be followed so everyone can be happy.

    If they still insist that you’re not following the law, or that this law doesn’t apply, ask them how and why. And get it recorded (with their consent) or have them write it down for you why it’s that way.

    Ultimately though, you’d be better off finding a new job than trying to sue for this, because it’s a very wishy washy law and Home Depot would bury you in litigation

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  • 2 months ago

    It's not that "cut and dried."  Read this; https://www.shrm.org/resourcesandtools/legal-and-c...

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  • 2 months ago

    seems like a reasonable complaint but know you can't sue you are there because you choose to be

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