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Minor wrongfully terminated

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lakewoodgirl

Junior Member
What is the name of your state (only U.S. law)? FL

My son who is 17, had a job where he was working until 12-1am and working 8-9 hrs on school nights. According to the DOL this is illegal. When my son told his boss he couldn't continue to work so late because he had to be at (high) school at 7am they fired him. Does he have any rights? This seems to be discrimination because of age.
 
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Proserpina

Senior Member
What is the name of your state (only U.S. law)? FL

My son who is 17, had a job where he was working until 12-1am and working 8-9 hrs on school nights. According to the DOL this is illegal. When my son told his boss he couldn't continue to work so late because he had to be at (high) school at 7am they fired him. Does he have any rights? This seems to be discrimination because of age.


This is not wrongful termination, nor is it illegal discrimination.
 

lakewoodgirl

Junior Member
Why would this not be a wrongful termination? Sorry, I just realized discrimination is for 40+ years old. Also upon reading the DOL website, he was also required to have breaks but his employer wouldn't allow him to have breaks.
 

Proserpina

Senior Member
Why would this not be a wrongful termination? Also upon reading the DOL website, he was also required to have breaks but his employer wouldn't allow him to have breaks.



He can make a complaint with the DOL if there are wage/break issues.

But this is not a wrongful termination which has a specific definition in law. "Unfair" does not mean "wrongful termination". "Discrimination which is not illegal" does not mean "wrongful termination".

In particular, because it appears that you're going for the age angle, read this:


http://www.wrongfultermination.com/index.php?option=com_content&task=view&id=73&Itemid=48
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? FL

My son who is 17, had a job where he was working until 12-1am and working 8-9 hrs on school nights. According to the DOL this is illegal. When my son told his boss he couldn't continue to work so late because he had to be at (high) school at 7am they fired him. Does he have any rights? This seems to be discrimination because of age.
**A: what DOL are you referring to; Federal or State?
 

cbg

I'm a Northern Girl
Just a point of clarification, Florida does not have a DOL. They did away with it in, I think it was 2005.

However, it is true that in FL, a minor aged 17 cannot work past 11:00 on a night when there is school the next morning. The law very specifically allows a 16 or 17 year old to work until his shift ends, even if it is beyond 11:00, if there is no school the next day.

The termination was not illegal. If the minor employee cannot work the hours the employer needs him to work, even if the limitation is statutory, the employer is free to let him go and hire someone who can.
 

commentator

Senior Member
Yes, some time ago, Florida did away with any state enforcement of wage and hour, including the restrictions on working students on school nights. You know, all that "reduce the size of government, tighten our belts instead of raising taxes" in play there.

What becomes a trend anywhere and any time there is a recession, (so that there is a good sized pool of labor begging for work to support themselves on) is that the employers hire part-time student workers instead of full time regular workers who are trying to live and perhaps even support a family on their wages. These part time students require no benefits, don't beg for more hours.

Then they give them far too many hours and work them far into the night. Teachers complain that their older high school students are falling asleep at school because they are closing down restaurants at 2:00am and trying to stay awake at school that same morning. So the legislature a few years back enacted some guidelines pertaining to school age workers. The problem is, there are no teeth in this law, and without a state Wage and Hour program, there is no enforcement of it.

It was up to you, the parent to decide that your son was working too many hours, and it was interfering with his school work. But he was not fired illegally, or for discrimination based on his age.

He was fired because he said he couldn't do exactly what they asked as far as hours, and they don't give a care, and can fire him at will and come up with someone else who may not complain. This is an excellent learning for him about why he wants to stay in school and get a better job later, so he will not aways be at the mercy of these types of employers.

Maybe he'll be able to find another job with another employer who's not breaking the law.
 

justalayman

Senior Member
can somebody tell me why this would not be a retaliatory termination which would be illegal because the kid was demanding the labor laws be followed?
 

commentator

Senior Member
Because they won't do anything about it. Who does he complain to? The federal Department of Labor/wage and hour division isn't going to be too helpful, the state department of labor doesn't give a hoot. He could call them and report it, but nothing much will ever happen.

It would be hard to find an attorney who'd be very interested in this as a case. It would be a lot of trouble and tire spinning, and then the employer would say, but I fired him because he was insubordinate. Or I fired him because he said he quit. For a part time restaurant job while in high school, I wouldn't bother with going forward with it. There probably isn't even going to be any unemployment issue here, because he is working part-time while in school and probably doesn't have enough base period wages. He could file, though, if he doesn't quickly find something to replace this one.
 

tranquility

Senior Member
can somebody tell me why this would not be a retaliatory termination which would be illegal because the kid was demanding the labor laws be followed?
Or, we could rephrase this to:
Is it illegal to fire someone who pointed out they were working illegally?

Say we had a person driving a truck who needed a special license. A truck driver comes in and tells the boss he can't drive without the license and that the driver doesn't have the license. The boss says, "ok, you're fired. You see we need a truck driver. That's the job."

Is there a problem with that?

Here, the employer needs someone who can work:
until 12-1am and working 8-9 hrs on school nights
When the OP's son pointed out what he is allowed to do because of the law, what would you have them do? Close the place at 8?
 

justalayman

Senior Member
Say we had a person driving a truck who needed a special license. A truck driver comes in and tells the boss he can't drive without the license and that the driver doesn't have the license. The boss says, "ok, you're fired. You see we need a truck driver. That's the job."

Is there a problem with that?
That is not an accurate comparison. Try this on for something more accurate:

boss, the truck has bald tires and it is illegal to drive a truck with bald tires.

Here, the employer needs someone who can work:

When the OP's son pointed out what he is allowed to do because of the law, what would you have them do? Close the place at 8?
No. Reschedule the student for legal work periods.

the kid pointed out that it was illegal for him to work beyond a certain time; i.e. employer was breaking the law. Kid was terminated for making the employer aware he was breaking the law. We have no idea if it was even possible or not to alter the work schedules to relieve the illegal acts.


The way I see it is the kid was fired for making an issue about the illegal scheduling, not the fact whether he could or couldn't work the hours demanded of him.
 

cbg

I'm a Northern Girl
I can see your point, JAL, and if the kid had complained to an appropriate regulatory agency, THAT would be illegal.

But FL law does not provide protection for internal complaints, and Federal child labor laws were not violated.
 

justalayman

Senior Member
I can see your point, JAL, and if the kid had complained to an appropriate regulatory agency, THAT would be illegal.

But FL law does not provide protection for internal complaints, and Federal child labor laws were not violated.
thanks cbg. That clarifies it for me.
 

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