Legal Question in Business Law in North Carolina

We have a girl on night shift 1 year out of high school. Last night one of our employees got sick and I had to call in someone to fill her spot, I called everyone and this girl (katie) is the only one who was avaliable. However she said she would not come in for chassity (sick girl) who was on dishes unless I put someone else on dishes. I told her that was unfair and i could not do that but I really needed her to come in and help. She told me to find someone else she didnt want to do it. I did not have anyone else and ended out having to keep the owner of the business washing dishes for the night. So we took 2 days away from her so she only works 1 night instead of 3. Well she told her dad and her dad called up and threatend to sue us under labor laws for taking her days away. We cannot allow this kind of bullying to be going on and they cannot tell us what to do, however is there anything in the labor laws he could get us for? We cannot do anything because we cannot afford to take a lawsuit.


Asked on 3/30/13, 5:56 pm

1 Answer from Attorneys
Kenneth Love Ken Love Law

They have no lawsuit that I am aware of. Employers in NC can hire, fire, and assign shifts for any reason other than discrimination. If you called in an employee and they tell you they will come in only if you give them specific jobs or gaurantee that they don't get a specific job, then you obviously have an issue with an employee where you can't rely on her.

As a part time employee she doesn't have a right to a specific shift or a certain number of hours. The only legal claim she can make is that you cut her hours because she is a famale or because of her age (discrimination). If they were to attempt to pursue this, they would have to go through the Equal Employment Opportunity Commission. This requires an investigation that kills most frivilous discrimination claims.

Make sure to document fully the reasons you cut her hours and the threats made by her father. If your employee starts to become a disruption because her hours were cut, you need to take appropriate action, sooner rather than later.

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Answered on 3/31/13, 3:51 am


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