threatened lawsuit by employee

[kwalt]

Hi. I am a new store manager in Michigan. I'm not really familiar with all the legal ramifications of my position as I have just started and my training has been minimal. Recently I had an assistant manager quit, stating that she had spoken to a lawyer and had "a case" against me. Before leaving for vacation I left her a note with a list of tasks to complete and a time frame in which to complete them. I also stated that when I returned I should be able to see specific results on what she had worked on and that I would ask her what she had completed when I returned. She has trouble working long hours and I so I said in the note to her that I knew that long hours were difficult for her but that I needed 100% effort from her while I was gone. I let her know that MY boss was to be in the area and that he might stop in at an time so be ready. That's basically what I had written. Did I do something wrong in making my request? Also, she is a part time employee and I had to cut hours in the store, so I called her to let her know that I wouldn't be needing her for a shift. She said that was unfair and that I was required to allow her to work her scheduled shift. Actually there is an interesting company policy that she was all worked up about that I'm not too sure of either. Is it right for an employer to require you to stay on the premises for an unpaid lunch break? It is our company policy that the on duty manager always be present in case something happens so they aren't allowed to leave. Thank you for any advice you might have.

 

[Sockeye]

What state are you in? There is not federal law that requires a meal or any other type of break be recognized but some states do have required lunch's and breaks.

As for making her work longer hours, there shouldn't be any problem there, what were the length of hours she was going to need to work to meet the requirements?

From what you have stated you are not in any risk of a civil lawsuit.

With this threat of lawsuit, did she quit or was she terminated? If she is to call back let her know that any future correspondence should be from her legal representative to the companies appropriate representative.

 

[cbg]

Agreed. Not only do I not see anything wrong in what you requested, I don't see anything even unreasonable.

Unless she has a bona fide, enforceable contract (not an offer letter, not an e-mail from a previous supervisor, not a paragraph taken out of context in an employee handbook, a CONTRACT) that says otherwise, no law requires that you allow her to work any particular shift, even if she was initially scheduled for it.

Michigan law does not require any breaks at all except for minors. Requiring employees to stay on the premises during an unpaid break, however, may or may not be problematic. I'd double check that one with your state DOL. That is, however, the only thing that is even remotely suggestive of a problem and even that is questionable, depending on state laws, how long the break is, and a few other factors.

I do not believe for one moment that a lawyer told her she has a "case" unless she gave the lawyer very different information than you provided here. The absolute worst case scenario, based on what you have posted, is that you would have to pay her for the break or else allow her to leave the premises for it.