Worker Gets Warning For Using Bathroom, Wants to Sue

Brad Dickson • Managing Editor

Jul 23, 2022 11:00 AM EDT

This worker got a verbal warning for taking a bathroom break which then led to being served a disciplinary action form for wasting time. They've taken to the popular r/antiwork subreddit with a photo of the post to share their experience and seek advice. The thread was posted with the title "verbal warning for going to the BATHROOM Can I sue?"

While it's easy to take the employee's side here and chalk this up as another out-of-line employer, we've all worked with this guy before. The kinda guy who does their best to shave off as many minutes from their work day as possible by finding every excuse possible to get away from their work area. I love a good bathroom break more than your usual rooster but working with these people can be incredibly infuriating, especially when your performance is being judged as a team.

If you are that guy, I salute your gumption and the creative effort you put into as little work as possible… but for the love of god, just do your damn job, please.

Amidst the usual r/antiwork comment menagerie, a user claiming to be an employment lawyer, u/Older_Wiser_Maybe, responded to answer the titular question.

"Employment lawyer here: First, Only one of the instances referenced in the disciplinary action has to do with a bathroom break. The other alleged instances, coupled with the 11 minute bathroom break, does not help any case you may have because, together, they give the impression that the bathroom break was just another example of not working/wasting time. That being said, Do you have a physical impairment that requires you to take frequent bathroom breaks? If not, then no, you likely do not have any legal basis for a lawsuit. If so, is your employer aware that you need an accommodation allowing you to use the bathroom more frequently or outside scheduled break times? If not, then no, you likely do not have a legal basis for a lawsuit because you must make the employer aware of the need for the accommodation first. Also, accommodations must be reasonable. Depending on the physical impairment, 11 minutes to go to the bathroom may be considered unreasonably long."

They've essentially let the poster know they probably don't have grounds for pursuing legal action. Although, this doesn't mean that the employer's actions are any less condemnable… potentially.

What's your take? Is this guy just your typical time waster or does he have a leg to stand on?

Scroll on to see the photos and screenshots of the thread and some comments below and for more employment shenanigans check out this guy who found his OWN job listed online.

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