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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 30383
Experience:  Former judicial law clerk, lawyer
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I am asking not only but my husband which doesn't know. He

Customer Question

Hi I am asking not only for myself but my husband which doesn't know. He works seven days a week from 7am to 7,8 sometimes more depending on the night. He is suppose to have half days on Thursdayds and full days on Sundays off. He is a office manager for an oil,repair shop. He had an assault at work which led to 28% brain injury and under contract where he was going to leave but broken promises have been made. His help has two days off a week and he is salary so after so many hours he does not get paid. We are currently in bankruptsy almost done in July we have a 15 and 12 yr old I work for the State as an LNA third shift recently our daughter tried killing herself due to bullying my son once was in the same school but my husband needs time off and it s one excuse after another with this company and enough is enough according to our lawyer due to the fact my husband is doing the hours we cannot sue the company for damages in the past nor do anything now, we cannot afford to loose either jobs can you help
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Are you talking about suing the employer for the brain injury at work? Did your husband get his bills paid and time off covered by worker's compensation? How long has it been since that happened?

Or were you only wondering if you can sue based on the excessive hours your husband is working? Does your husband supervise others or make hiring/firing decisions?

Customer: replied 1 year ago.
We have tried sueing the employer and the customer who had done this to my husband but we did have WC and made a seattlement to pay the bills which we are still getting and I am dealing with WC on that but we had spoken to our lawyer and he said no court would look at us as a good seattlement due to the fact my husband is doing the hours. He has to do the hours or no job. Every manager and employee gets time off but he does not due to our work schedule I get a night and a half and we still have other issues he is exhausted and no one healthy or not would work 7 days a week. He has vacation time coming doesn't know if that is going to happen. He is going on as of today 17 days in a row without a day off. None. His boss/supervisor do make the decisions and only care about how many oil changes you bringing in and why your numbers down, called lack of help.
Customer: replied 1 year ago.
I can't watch my husband and my family go through this. its not fare. Its not right. They can't keep help due to lack of experiance and pay and stupid once a month meetings in Conn for what to talk about something that isn't going to change. I almost lost my husband once and due to our financial situation we both do not have a choice and are doing what needs to be done because no one will listen. And having a daughter trying to kill herself twice I have changed my entire work schedule and I help take care of my Mom which my Dad had passed, Im tired too we just want to be normal
Expert:  Lucy, Esq. replied 1 year ago.

That's awful. I'm very sorry that the employer is doing this. The entire situation must be very stressful for you.

There is unfortunately no state or federal law that regulates the number of hours a person can be required to work. Your husband's recourse is to refuse to do the hours and quit if he's being made to work too many hours. He cannot sue them for agreeing to work more hours he should reasonably be required to work.

What he could do is get a doctor to examine him and give an opinion on how his brain injury limits him and whether working extra hours exacerbates the injury. That might allow him to request a set work schedule, with a reasonable number of hours, as required by the Americans with Disabilities Act. His employer wouldn't be allowed to fire him for asking for help to deal with a disability. He could also request intermittent leave under the Family and Medical Leave Act if he needs days off to deal with his brain injury, which is a serious medical condition. He'd be allowed to take up to 12 unpaid weeks a year, if he submitted the proper paperwork. That might be worth pursuing if your husband's employer has more than 50 employees.

Expert:  Lucy, Esq. replied 1 year ago.

There is one other law that might help, but it depends on what your husband's responsibilities for the company are. What are his duties? Does he supervise other employees?

Customer: replied 1 year ago.
we have a doctors note he is on;y allowed to do 52 hrs a week. to keep his benefits. The company knows this, this happened over a year ago they were ok in the beginning and then took advantage and then when his boss left and tried to take my husband with him they signed a contract stating he got a pay raise and could not go to a competitor within so many miles for 2 yrs. it seems they only last a week of ther promise then go right back to the same routine. Please I am asking there has to be something? My husband will be 54 in July, myself 46 my kids will be 16 and 13 we had a good life my husband ran two businesses for over 35 yrs with his Dad then family greed took over like anything when you loose the one you love, this is just not right for any company to take advantage of someone who is dedicated
Customer: replied 1 year ago.
he is office manager, sales
Expert:  Lucy, Esq. replied 1 year ago.

You're right. It's not right. But if your husband is agreeing to work the hours, that makes it very hard to sue the company.

What are his duties? Does he supervise other employees? The reason I keep asking is that this is the key to whether or not it's illegal for him employer to not pay him overtime. It's not just based on the fact that he's paid a salary.

Expert:  Lucy, Esq. replied 1 year ago.

And if it's illegal not to pay him overtime, he would have a lawsuit for potentially a lot of money, which would probably inspire his employer to stop making him work so many hours.

Customer: replied 1 year ago.
I know, but he is salary does supervise other employees but they seem to make there own hours because if they come in early they leave early due to they put in there hours and even though there is a schedule my husband can't fight it because they did there hours. The help gets paid by the job and an hourly rate. So my husband schedules the job and keeps it fare not only on experiance but the job and who has what. My husband due to he is the manager has to be there because a tech cannot do the banking, nor the scheduling for jobs that are coming in nor the sales like ie: phone call they have not just tire repair, oil change but sounds from the engine thats what an asst. manager is suppose to do but no one wants the job so the company comes down on my husband saying whats going on he tells them over and over again and nothing changes. They just keep downgrading him saying well your the best in the market why your numbers down.
Customer: replied 1 year ago.
all about money and numbers this company needs to be shut down
Customer: replied 1 year ago.
sorry to bother you I was pulling string thinking someone could help.
Expert:  Lucy, Esq. replied 1 year ago.

Thank you. If he's supervising them and has some input into hiring and firing decisions, then it sounds like it unfortunately is allowed for them to make him work all these hours.

The legislature decided, hundreds of years ago, that the solution to this type of problem was to give employees the freedom to leave a bad situation. That's why they drafted at-will employment laws. I'm sorry to say, those are the only laws that are going to help your husband here. He has a right to quit his job and go work for an employer that is not going to take advantage of him. I know that's scary and i know it's hard to look for a new job while working 100+ hours a week at his existing job, but they're going to work him to death if he lets them and there aren't other laws that apply.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. Please rate my answer positively to ensure I am paid for the time I spent answering your question. If you are on a mobile device, you may need to scroll to the right. Thank you.

Good luck.

Customer: replied 1 year ago.
but he doesn't have the option to fire or hire its corporate its a paper trail he has even done job fairs to help the company and they decide to hire or fire he only suggests
Customer: replied 1 year ago.
meanwhile he has to do the hours or shut down the store then yes he will get fired and they don't care why and by law he cannot be in the store /shop by himself there policy as well for safety
Expert:  Lucy, Esq. replied 1 year ago.

The key is whether the person has genuine input into hiring and firing decisions. If he's giving opinions and they listen to him, that's enough.

If the employer is violating state or federal safety regulations, report them to the labor board. He should be able to do that anonymously.

I have to sign off for a bit for an appointment. This unfortunately happens sometimes because experts have no way of knowing how much time customers will need for follow-ups. If you have any more questions, I'm happy to answer them when I return. I apologize for the inconvenience.