Manager At My Job Is Getting On Me About Going To The Bathroom

Location: California

TL;DR: Manager/shift lead told me to go on my 30 minute break. I went to the bathroom without clocking out for said break because I was holding it for several hours and couldn’t find the time to go. Manager wants to talk with me about this.

I work fast food. My manager recently has been constantly getting on me about bathroom breaks. I admit, I use the bathroom for an amount of time some may consider to be a long time, maybe 15-20 minutes; but nature calls and I have stomach issues pretty regularly. Plus I drink a TON of water, at least 3 32oz hydroflasks a shift.

I’ve been working with this manager for years and they know this. They confronted me about it but all I said was “I had to go to the bathroom I don’t know what you want me to do about that.” But all of a sudden they want to bring this issue up to our boss, who brought it to THEIR boss and they both sided with me. They said they would talk to the manager/shift lead about it (which I doubt would do anything) and that I obviously am able to use the restroom. Not to mention there are other people that use the restroom for the same amount of time as me or longer. But this manager hasn’t said anything to them about their bathroom time. That happened about 2-3 weeks ago.

Tonight, I try to go to the bathroom but someone is in there so I go back to work, and the need to use the facilities subsides and it’s busy. So I just continue working. I feel the need to go again and it’s not that busy so I step out to use the restroom and again, someone is in there. So I sweep and clean nearby but I’m keeping an eye on the bathroom. Finally someone comes out so I go to use the bathroom and all of a sudden a bunch of people walk in, so in my head I’m thinking I don’t want my manager to have a problem with me again, so I go and help; despite needing to use the bathroom. It’s been maybe 2 hours at this point that I’ve been holding it in. Finally, I go to use the bathroom and my manager somewhat flippantly says that I can go on my 30 minute break, I’m already on my way to the restroom. I don’t clock out on my break and just use the restroom.

When I get finish, I go to clock out for my break. Manager says “Why didn’t you just clock out for your break while you were in the bathroom?” I ignored this and took my break. I’m no lawyer, but I’m pretty sure it’s illegal to make someone take their break while they’re using the bathroom. After my break, he wants to talk to me in the back. I say, “No, I’m not talking with you unless my GM is present.” To which manager responds somewhat smugly: “Okay, fine.”

As a matter of fact, I may not speak with either of them in person, I’m thinking I should tell them both to either email or text me about this issue because I feel like I need to start accruing a paper trail. Anyways, what should my actions be to protect myself legally? And am I wrong? Is there a case? I am being harassed and singled out.