12, Houston wrote him up for "creating conflict with associates," according to a report she drafted. The confrontation between Armstrong and Houston escalated as he became more vocal about the break policy. Armstrong contacted Wawa's ethics hotline twice about the break policy, according to his affidavit. At the same time, the policy permitted smokers to light up twice a day for 15 minutes at the front of the building or near the store's trash area. In addition, the policy prevented workers from going to their cars during break, something Armstrong wanted to do. But Houston, who did not return a message seeking comment, instead instituted a new policy that said workers "may not clock out and do what you please on your break," according to a memo she sent to employees in November. They're not offering me my job back and I'm not turning them down," said Armstrong, who worked for Wawa for 4½ years and was cross trained to work throughout the store.Īccording to his affidavit, Armstrong said he asked the store manager, Alexa Houston, for a half-hour uninterrupted, unpaid break promised by Delaware state law. "I'm not comfortable with that at all because it's not true. Armstrong, who earned about $400 per week at Wawa, rejected the offer. Wawa was willing to sign a proposed settlement last week that would have given Armstrong $8,630 of back pay, but only if he waived his right to seek his old job back, according to a copy of the proposal and an email Armstrong received from an NLRB official. The NLRB, a federal agency that enforces labor laws, is now trying to facilitate a settlement, according to emails and documents. Delaware officials, in assessing whether he qualified for unemployment, found that Armstrong was fired "without just cause." Armstrong believes his termination was really retaliation for blowing the whistle on a legally dubious lunch break policy.Īrmstrong filed charges against Wawa in February through the National Labor Relations Board, alleging the company fired him for protesting policies he had the right to contest. Wawa offered shifting reasons for his dismissal, ranging from stealing to mishandling food. In the end, Armstrong was fired four days before Christmas last year after donating food to a church.
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