Is what my husband’s boss doing legal?

UPDATED: Sep 30, 2022

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Is what my husband’s boss doing legal?

My husband has been working the same job for several months and everyone always tells him how good of a job he is doing. Managers from other stores within the company have come in to help out and said they wished they could hire him away because he is so good at his job. His customers love him and several of the store managers have told him that they could not run the store without him. He has come in every time that he has been called in to cover a shift on his days off, including working several open to close shifts, running the store by himself for a majority of the day. He has called in 2 times once when he was in the ER and once when I was. The store manager told him that she would give him every Saturday off so that he could spend some time with our daughter since he hardly gets to see her with the hours he works. We have made plans around what she has told him but now she informed him that he will be working on Christmas Eve. However, we have already made arrangements and will be out of town. He said he would not be able to work that day and she has been making his life hell ever since. She was very rude to me when I was in the store and he told her that she can treat her employees and customers like crap but she will not talk to me in that manner. Then she cut his hours down from 36 hours a week to 11 because he

Asked on December 11, 2016 under Employment Labor Law, Kentucky


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, while highly unprofessional, your husband's treatment is probably legal. The fact is that a company can set the conditions of the workplace much as it sees fit. The exceptions to this are if an worker's treatment violates the terms of any applicable employment contract or union agreement. Also, it must not constitute any form of legally actionable discrimination. This means that an employee cannot receive lesser treatment due to their race, religion, nation origin, age (over 40), disability or the like. However, this does not appear to be the case here. So basically, your husband cn either pit up with this treatment, complain but risk termination, or quit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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