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LIFE

Woman fired for working during lunch wins court battle

Tuesday, January 17, 2012
(Updated 8:19 am)

CHICAGO -- Growing up on Chicago's South Side, Sharon Smiley was taught by her father that success is born out of hard work, and he demonstrated that truth over 47 years as a railroad worker.

But when Smiley put that principle into practice, she was fired -- for the first time in her life -- from a receptionist job she had held for a decade.

Her offense? Voluntarily doing extra work one day during her lunch break.

Not only was Smiley fired, but the realty company she worked for challenged her unemployment benefits, saying she was guilty of misconduct and insubordination. Smiley says several lawyers declined to take her case, telling her she was bound to lose, so she represented herself.

Now, after almost two years at the brink of financial ruin, Smiley, 48, says she is basking in "blessings."

In December, after months spent driving all over the region to fill temp jobs and cooking up soup or beef stew to help bring in tips at a Saturday daytime bartending job, Smiley was hired as a full-time receptionist at a downtown advertising firm.

And last week, an appeals court found that the state's denial of her unemployment benefits was "clearly erroneous," upholding a Cook County judge's earlier ruling.

Though Smiley had begun receiving the benefits since the lower court's Nov. 17, 2010, ruling -- about nine months after she was fired -- she would have been required to repay the money if a higher court ruled against her.

"I just didn't think I was going to see the light," she said last week at her south suburban Riverdale, Ill., home. Smiley has been working full time since age 19, when she left college to support her young son.

Her descent to the edge of financial ruin started in January 2010. She had decided not to eat lunch that day, and because another manager assigned her some extra work, Smiley wanted to finish it.

"I thought, 'Well, I'm not hungry; I'll just do this work ... so when I get back from lunch, I can do my original work that I'm supposed to be doing,' " she said.

Smiley said her new boss had been assigning her more and more work, which she thought was an attempt to force her resignation. But she needed the job and just worked harder, she said. Still, the added stress contributed to a stroke, Smiley testified at her 2010 unemployment hearing.

On this day, a new manager told her she needed to take her break. Both sides agreed that this was the first time Smiley worked during lunch, records show.

Smiley told her manager that she had already punched out but wanted to finish the extra work because she thought her break time was her own.

"I asked her how she had taken a break when she remained sitting at the desk, answering phones and working on a spreadsheet," the manager testified.

Smiley testified: "I would call myself, you know, being considerate to doing the work for someone else on my lunchtime, and I didn't think it was going to be a problem."

Smiley's boss then told her to speak with the company's human resources director. The HR director testified that Smiley interrupted her during a four-minute meeting that concluded with Smiley being fired.

"It was just so unbelievable," Smiley said. "It was a total horror story."

The company, Equity Lifestyle Properties Inc., said it was trying to follow regulations, also written in its employee handbook, that require employees to take a break. A woman answering the phone at the company Friday declined to make anyone available or take a message about the case.

Companies can be held liable if employees are working during mandatory lunch breaks and supervisors know about it, said Martin Malin, a professor at the Illinois Institute of Technology's Chicago-Kent College of Law. Malin also heads the law school's Institute for Law and the Workplace.

Comments

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buzzman

January 17, 2012 - 8:44 am EST

The "break police" are not going around looking for employees who work during their lunch breaks! The only time a company gets into trouble is if they do NOT allow required breaks.
The person(s) who fired this lady should be fired for being stupid.

sickandtired

January 17, 2012 - 9:29 am EST

I would agree. It seems to me they were just looking for an excuse to get rid of her and cheat her out of unemployment. Unfortunately, it happens all the time. I am glad she won. Workers don't have many rights.

Mialamasoul

January 17, 2012 - 9:45 am EST

Workers don't have ANY rights, and yet folks want to put leaders in office who uphold this trend. And SOME people call worker's rights "socialism."

Panacea

January 17, 2012 - 10:11 am EST

Classic Catch 22: take your break, don't get the work done, and get fired. Skip your break, get the work done, get fired.

This is why the Morons in Management keep increasing their unrealistic expectations . . . workers who fear losing a job make personal sacrifices to keep it, but end up giving the impression there are no limits to what the human being can do during the course of a work day.

BillWright

January 17, 2012 - 12:02 pm EST

Might be good to review the rules from the United States Department of Labor-
If the company allowed her to work off the clock they would be sanctioned.

http://www.dol.gov/elaws/esa/flsa/hoursworked/screen1d.asp
Every place I have ever worked has the rule in their Employees Manuals. My guess is that this company probably has had problems with the DOL in the past.

This woman was fortunate that the judiciary found in her favor. The company was culpable.

And @Mialamasoul- I guess it is better to allow fat union bosses to steal your hard earned money to pad their obscene bank accounts for doing nothing. North Carolinians are protected by many workplace laws. I have been a blue collar employee since 1968, now retired, and have always been treated fairly by my employers. I have also worked side by side with people expressing your attitude who were seldom in a position of responsibility for long.
Right to work triumphs over forced union slavery any day. That's why so many companies are leaving unionized states in droves. The cost of union benefits is strangling production in America. Unions are collapsing under their own fat.

sickandtired

January 17, 2012 - 2:52 pm EST

I do not have experience with a union. My sister has worked at a union company here in Greensboro since leaving High School. She has no complaints. She will tell you that no other company offers the pay and benefits she receives. She appreciates her job. I only wish I had tried to get on with this company in my younger days. She will continue with heath benefits and receive a mighty pension check when she retires. I have yet to work for a company with a pension much less a chance to have health benefits when you retire.

BillWright

January 17, 2012 - 9:10 pm EST

And who ultimately pays for the"mighty pension check"?

sickandtired

January 18, 2012 - 5:45 am EST

Again, I have no experience about unions. But, I doubt that the people who work for these companies and get these benefits really care. I won't lie. I wish I knew my retirement was going to be that good. I fear old age because I have never been fortunate enough to work for a company that had good benefits or pay. Even though I have spent my life paying into Social Security I don't feel I will see it. That is just my opinion. It is shared by many in their 50's.

SusanBAnthony

January 18, 2012 - 8:49 am EST

From the article, it sounds like to me that she was not fired for working during lunch but for being insubordinate and continuing to work after being told to stop. Still, I don't think she should have been fired either. If she had too much work, she should have done what she could and leave the rest unfinished. That's how supervisors learn to determine the appropriate workload. In most workplaces, you have to pass a "stupid" test to be a supervisor or manager anyway.

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