Legal Question in Employment Law in Arkansas
days off not comparable to coworkers
My sister works in the kitchen of a nursing home and has been there two years. Coworkers having been there shorter time consistently get requested days off. When she ask for a weekend off, or two days off together, my sister is almost always denied. She's questioned her boss and is told''that's just the way it is.'' Sister often fills in when someone else calls in sick,and has only been late for work once in two years. Coworkers tell her that the boss is trying to make her quit. Can she take any legal action about the unfair dealing of days off?There are records kept of the schedules, so proving this would not be a problem.
1 Answer from Attorneys
Re: days off not comparable to coworkers
Whether your sister has any claim depends on the reason why the employer is denying her the days off from work. If it is for an illegal discriminatory reason or an illegal retaliatory reason, then she may have a claim. Anything else, most likely would not be illegal under federal laws. There may be some state laws that you would need discuss with an Arkansas attorney.
However, a larger problem with your sister's situation is that she does not appear to have suffered any financial loss as a result of the missed days off. While this may be an adverse employment action, it is not likely to lead to a compensable injury.
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