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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19309
Experience:  Employment/Labor Law Litigation
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There is an employee who shows up early to their shift and

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There is an employee who shows up early to their shift and begins taking tables (restaurant server), which equals to money being taken from the servers working their shift. No one else would be allowed to get away with such an action. Management refuses to settle the situation. What options do we have?
Restaurant in question is located in North Carolina
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Unfortunately, this isn't illegal. Favoring one's family members, known as nepotism, isn't actually illegal in employment law. Certainly, some companies have made their own policies against it, but in private employment, the employer has the right to show this sort of favoritism.

As for the servers that are making less money due to this person working more than their shift, that's not illegal either, unless those servers have a contract of employment specifically guaranteeing them no interference in their shift and that they'll be given a specific number of unhindered work hours each week.

I know this is terribly unfair. I do wish that I could tell you differently here, but it won't help you to believe that you have some legal cause of action when you really don't. Regrettably, all I can do in this situation is respect you enough to be honest with you about the law.
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