Court win for woman fired for skipping lunch

[Kellie]

A US former receptionist who lost her job for skipping lunch has finally been awarded unemployment benefits.

Sharon Smiley, 48, had worked at a Chicago real estate firm for a decade when she was fired because she stayed at her desk to finish off a project, instead of taking any time off for lunch, on January 28, 2010.

The receptionist at Equity Lifestyle Properties Inc. said a manager told her it was time for a lunch break but she refused to leave her desk, US network ABC reports.

At that point the firm's human resources director intervened, informing Ms Smiley that employees were required to take a 30-minute lunch break and failure to do so would be a breach of Illinois' labour laws.

According to court documents filed by the firm, Ms Smiley had also been spoken to on a number of previous occasions about eating at her desk, something which the firm wanted to avoid because her desk had a prominent position at the front door of the office.

Ms Smiley told ABC News she knew eating at her desk during company time was not allowed but believed that eating at her desk during her lunch break was permitted.

"I was under the impression that because I was punched out I could do what I want," she said.

Illinois University law professor Michael LeRoy said Illinois has a law that requires employers to provide a lunch break but it cannot be used to fire an employee who forgoes a break to finish work.

After her sacking Ms Smiley was told that she was ineligible for unemployment benefits because she was fired for misconduct.

She appealed to the Illinois Department of Employment Security's board three times before a circuit court ruled she was eligible for benefits.

Ms Smiley received a check with a lump sum last November 28 for several months of unemployment.

The Employment Security Department appealed the decision, but last week a state appeals court affirmed the circuit court's verdict, saying the "insubordination arose from [Smiley's] efforts to perform additional work for [her employer], beyond what was required of her".

After being unemployed for nine moths, Ms Smiley said she found a job performing a similar role at a company with a less stringent lunch policy.

"They told me I could sit at my desk, I could be at my computer during lunch, or I could look at magazines," she said.


ninemsn

[Strawberries & Cream]

Lol at her surname

[CM Punk's Tattoos]

That's just stupid. Glad she found a better employer though.

[Engaged To Ouellet]

Our society really is going down the toilet when people get fired for not having lunch.