Pregnant "Jack in the Box" Employee Gets Fired After California Meal and Break Laws Were Violated

February 9, 2020
california meal and break laws, california meal break law, wage theft

Then gets 1,440 hours of back pay…


Lawyers for Employment & Consumer Rights (LFECR) fights for you every day—and we’re here to report another win… this time a settlement and back pay for a California mother. 


Here are the details...


Paula Lopez, a pregnant, low-wage fast food worker at a California Jack in the Box recently had her wages stolen and her job taken. Unfortunately, Paula Lopez is not alone. Violations to California Meal and Break Laws, and Family and Medical Leave Act (FMLA) violations are rampant in the restaurant industry. In fact, various types of wage and hour violations, as well as wrongful termination firings, happen thousands of times a year and most of these violations go unpunished. But in Paula Lopez’s case, justice was served.


The Jack in the Box franchise agreed to pay the equivalent of 1,440 hours in back salary to settle a matter involving their long-time employee Paula Lopez, allegedly a victim of wage theft and then fired when she was 5-months pregnant. Unlike the many California fast food workers that are unwitting victims of wage theft, Paula knew something was wrong. She decided to learn more about her rights and ask for help. Paula called Lawyers For Employee & Consumer Rights at 844-697-4448 for a free case review.

5-months pregnant and fired… how did this happen?

In her fifth month of pregnancy, Paula used a sick day. On the following day Paula was fired. Allegedly the Jack in the Box franchise management staff where she worked knew that Paula was pregnant and knew that she was taking days off because she was pregnant. In most U.S. workplaces, firing someone due to being pregnant is a violation.


According to the U.S. Department of Labor, The Family and Medical Leave Act entitles eligible employees of mandated employers to take unpaid, job-protected leave for specified family and medical reasons.

Denied meal and rest breaks? It’s called wage theft.

In addition to being fired unfairly, Paula was also not granted all of her lunch breaks or rest breaks. When fast food restaurants deny an employee meal or rest breaks, they are literally stealing money from their employees. It’s called wage theft—when an employer does not pay or underpays employees for time worked.


Wage theft by employers can be any of the following:

  • Paying less than the minimum wage
  • Paying the tipped minimum wage for non-tipped work tasks
  • Refusing to provide overtime pay
  • Failing to give workers meal breaks
  • Failing to give workers rest breaks
  • Requiring off-the-clock work

Restaurant Industry Notorious for Wage Theft

Wage theft permeates the restaurant industry, from fast food restaurants to fine dining establishments. According to a recent New York Times editorial, the Department of Labor’s wage and hour division reported almost “84 percent of full-service restaurants it investigated had violated labor standards.” Indeed, the facts don’t lie, says Saru Jayaraman, co-founder and co-director of the Restaurant Opportunities Center United, “The poorest workers in America are being stolen from the most.” The Institute for Policy Research agrees, reporting that certain groups—women, minorities, non-U.S. citizens, and nonunion workers—are all more likely to suffer from wage theft.

The restaurant and fast food industries will continue to steal wages from employees for one simple reason: because they believe they can get away with it. Don’t let that happen.

Know Your Rights  |  Tell Us YOUR Story

Because California is an “at-will” employment state (employers are free to terminate employees at any time) employees think that they have no rights. Nothing could be further from the truth. Learn more about your employee rights. Contact us today.

Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With more than forty remote attorneys, LFECR is prepared to work on behalf of their clients anywhere in California.


If you believe your workplace rights have been violated, it’s important to call an experienced employment law firm that specializes in protecting workers’ rights.


Employment laws are broken by employers every day. Aggressive representation will empower you, opening the door to numerous options, including but not limited to filing a complaint with the proper governmental body, negotiating an out of court settlement, or if necessary, filing a lawsuit and representing you in court. Keep in mind, many employment disputes are resolved without a lawsuit or trial. That’s why selecting an experienced law firm like LFECR is a smart choice. Chances are they will negotiate the best possible terms and settlement for your case.


Reporting on workplace disputes, The Washington Post was clear: It’s smarter and safer “to consult with an employment expert before taking any action… go straight to an employment lawyer.”


By starting the process with an expert from LFECR, the strongest and most effective path to your success will be taken from the outset—using the power of the law in YOUR favor. Consulting with an LFECR attorney will help you make informed decisions about the best way to proceed with your case.

Share on Social Media

Unpaid Overtime, Missing Breaks, Bounced Checks: All of It Can Be Wage Theft

June 9, 2026
Is your employer refusing to pay you what you earned? If so, you may be dealing with more than a payroll mistake.  Many California employees assume wage theft only happens when an employer completely refuses to issue a paycheck. In reality, wage theft in California takes many forms. Some are obvious. Others happen quietly over months or years until employees realize they have lost thousands of dollars in wages, overtime, missed-break premiums, or other compensation they were legally entitled to receive. The good news is that California employees have strong wage and hour protections. The challenge is recognizing when a violation is occurring and understanding what steps to take if your employer refuses to fix the problem.

What Happens to Employees Who Complain About Workplace Problems

June 2, 2026
Can You Really Speak Up at Work Without Losing Your Job? In many cases, yes. California employees have legal protections when they report certain workplace problems. The problem is that many workers do not know what those protections are, and many employers do not openly explain them. As a result, employees often stay quiet because they are worried about losing their job, getting demoted, having their hours cut, or suddenly finding themselves on management's bad side.  The reality is that retaliation claims are among the most common workplace disputes. Employees raise concerns about discrimination, harassment, unpaid wages, safety violations, or other workplace problems, and shortly afterward something changes. Maybe they receive a disciplinary write-up. Maybe their schedule changes. Maybe they are suddenly labeled a poor performer after years of positive reviews. That does not automatically mean retaliation occurred. But it is often the point where employees begin asking questions about their rights as a California employee and whether their employer crossed a legal line.

Is Your Boss Making Work Unbearable on Purpose: Here's When That Becomes Illegal

May 26, 2026
Is your employer trying to force you to quit? Sometimes employees can feel it happening long before they can prove it. A manager suddenly stops speaking to them. Responsibilities start disappearing. Negative reviews appear out of nowhere. Hours get cut. Meetings happen without them. At some point, many employees begin wondering whether their employer is trying to make them quit instead of firing them directly.  In California, there are situations where making working conditions so difficult that an employee feels they have no choice but to resign can create legal issues. The legal term often associated with these situations is constructive dismissal, sometimes called constructive discharge. Understanding where the line exists between a difficult workplace and an unlawful one is important.
More Posts