And that’s why you retain the email. Establishing a pattern makes the specific language less important, although in this case there’s a pretty clear implication that the employee will be punished for using their full meal break.
I’m not saying it’s airtight. But the pattern of ‘recommendations’ certainly helps. It convinced a judge in my friend’s wrongful termination case at a big box retailer.
And that’s why you retain the email. Establishing a pattern makes the specific language less important, although in this case there’s a pretty clear implication that the employee will be punished for using their full meal break.
Good luck litigating an implication though. See the “nuh uh” defense success rate.
I’m not saying it’s airtight. But the pattern of ‘recommendations’ certainly helps. It convinced a judge in my friend’s wrongful termination case at a big box retailer.