Right to Fair Treatment in the Workplace claim

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mmack413

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My daughter has been working for a franchise sandwich shop since Feb08, and for the last two months, the manager has only been scheduling her 1 day per week for only 2 hours. On top of that, he makes her sit in a chair in the eating area and not do anything.
Just sit there on the hard wood seats. This all started on July20, when she arrived to work at 9:50am to begin at 10am. The manager immediately sent her back out to go get approved work shoes. She was wearing the same tennis shoes as all of the other employees….anyway, we went to the Walmart two blocks away and bought certified shoes; it took all of 20min and she would have been only 15 to 20 minutes late. She called to say she was on her way back in and was told that the manager found someone to cover her and to go home. Ever since then, he has only scheduled her 1 day a week for only 2 hours. When confronted and asked why she has to sit and not work, the manager said she was being punished for causing him to miss his daughters recital back when she was sent home to buy work shoes. The last few times, he has been giving her grimacing looks during her two hour "sit session" with are really beginning to demoralize her. Customers are now accustomed to seeing her sitting there "in uniform" forced to sit there or be fired. She is a college student and only working there part time to earn some spending money. Not thinking it would go on this long, we told her to look for a new job, but not quit until she found one because it looks better on the application if you are employed but looking for something different.

She feels discriminated against and demoralized because she actually wants to work and do a good job. Does she have legitimate grounds for a "Right to Fair Treatment in the workplace" claim ?
 
Her boss is a total jerk but he is not violating any laws. The law does not require fair, it only requires legal, and there is no law requiring that he schedule her for more hours or that prohibits him from requiring her to sit in a wooden chair instead of working. As long as she gets paid for all the time she is required to be present, he can have her spend that time any way he wants as long as it is legal and is not unsafe by OSHA standards.

For a college student working part time, the "don't quit till you have something else cuz it looks better" doesn't really apply.
 
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