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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 17439
Experience:  B.A.; M.B.A.; J.D.
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My daughter is seventeen year old who works part time

Customer Question

My daughter is seventeen year old who works part time for a sandwich franchise who is consistently required longer that her shifts are scheduled. Although she does not work more than eight hours, she does not have a car so we more often than not waiting for up to 45 minutes for her to finish up. Today she told the manager, who is also the owner, twice she would have to leave right at 4 because of a date for homecoming, when she went to clock out, her manager became furious saying that she was being insubordinate and rebellious and as a result she would be reducing her hours. There was customer at the counter and one employee assisting the customer.
After my daughter came home, I went to the store to complain. I've worked at numerous busy restaurants while putting myself through school and I was never asked to stay late, though I did volunteer. While the manager agreed my daughter was an outstanding employee, she also said perhaps she wasn't a "good fit" for Subway and in the future she would schedule her less.
To me that screams intimidation, harassment, and discrimination. Although after researching employment law, it appears there is no recourse for us. Doesn't OSHA require employers provide a safe working environment? Professionally, I work with students who are bullies. It's one thing to see it in a child and another to see it in an adult. Any suggestions would be helpful. I did record my conversation I had with the owner with her consent.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.

Yes, OSHA requires a safe working environment. However and based on the information that you have provided on your post here, I do not find that your daughter is being bullied for being asked to stay a little longer to handle customers. The employer can infact reduce her hours if she is not able to work when requested by the employer. That may sound unfair since she has been working extra time when asked by the employer. Nonetheless, the employer's action is legal. I do not see any legal recourse for her.

For OSHA and workers' rights information, click on the link below:

https://www.osha.gov/workers/index.html