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I am area manager for few restaurants here. I took one of…

Hi, I am area...

Hi, I am area manager for few restaurants here. I took one of the managers of the schedule cause of there performance and absenteeism. She was pregnant and I actually helped her to easen her work load and change her duties. She also took one full week off and I requested company to do her a favour and got her a full paycheque. But then she came to me that she physically can’t do the work anymore and presented her husband as alternative for Manager position. I asked her if she wanted to do fewhours of work in the week. She said she will let me know. Then i made a schedule she didn’t reply to me till next day and I felt she was not interested and I didn’t add her on schedule. Her husband didn’t felt good fit for the position so I didn’t accept his application but now she’s threatening to take me to court. I don’t know what can be tge reason but I feel like they are harassing me and Blackmailing me.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Tennessee

Lawyer's Assistant: Has anything been filed or reported?

I have heard nothing official but i got another employee who i tried to discipline today give me a same threat that they will see me in a court.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, we have obligations of managers working 50 hours in order to get the salary but she did bare 25 hours so i got her cheque made hourly that’s where all this threats started as long as i was reviewing his husband application everything was fine but as soon as I decided not to offer him position this all threats started coming up.

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Answered in 5 minutes by:
3/8/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
Experience: Former judicial law clerk, lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

There is nothing in the law that would require you to take on your employee's husband as manager when she has told you that she's unable to fulfill the requirements of the job. You're not allowed to discriminate against her - but choosing not to her her requested replacement isn't discrimination. And while you are required to make reasonable accommodations, her request doesn't fall into that category either. You made reasonable accommodations by getting her paid for a week she didn't work and asking if she wanted to work a reduced schedule.

She could argue that the change from salaried to hourly was discrimination, but since she cut her hours in half, it would be difficult to prove the claim.

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Customer reply replied 5 months ago
We have video footage for her hours, she just sent me one text to inquire about her schedule which I wasn’t able to answer and to the one that I replied i texted her that she let me know she can’t work so I didn’t add her on schedule.

If she is able to work after all, putting her back on the schedule might help. But when she's saying that she physically can't do the work, you're allowed to require a doctor's note before putting her to work. Otherwise, she might claim a violation of FMLA or the ADA.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
Experience: Former judicial law clerk, lawyer
Verified
Lucy, Esq. and 87 other Employment Law Specialists are ready to help you
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Joycelaw
Joycelaw, Attorney
Category: Employment Law
Satisfied Customers: 124
Verified
Phone call session started
Customer reply replied 5 months ago
your advice is to get her back on schedule for the limited days that she want to work.

That could avoid a lawsuit. But again since she's already said she can't physically do the job, you'll want a doctor's note to bring her back to work.

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