Appplebee's health problem

While working at Applebee's as a manager I began developing health problems with my pancreas, and high triglycerides. Doctor said I was eatig food with too much fat. The reason I was eating this fatty food is that I was working 13 to 15 hour shifts, and not receiving any break time. I had to grab foods easy to eat such as mozzerella sticks and chicken fingers, because I was kept busy and could not stop and take a lunch or dinner break. I was paid salary based on a 50 hour work week but usually worked between 65 and 70 hours with no breaks is a whole different issue. Can I sue??

1 answer  |  asked Mar 25, 2009 12:39 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
You cannot sue because you eat badly on the job.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, you cannot sue because you eat badly on the job. I'm tempted to wonder if this question is a joke; but if not - you have no claim. The schedule your employer requires of you does not require that you eat badly; you could prepare healthy meals to bring to work or eat salads on the fly at Applebee's.

If you are wondering whether you can sue for being required to work 65 or 70 hours per week, it is highly unlikely. Management is generally not covered by overtime rules. If you have a contract that requires you to work only 50 hours, then you might have a claim.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted by Christopher Ezold  |  Mar 25, 2009 1:21 PM [EST]

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