Can I sue my boss for wanting me to deliver pizzas in a terrible blizzard?

There is a terrible blizzard; it was declared a statewide emergency and there have been many accidents. Most businesses are shut down. I deliver pizzas and my boss called me and wanted me to work tonight but I told her no because I couldn’t possibly get out of my neighborhood. She and another co-worker called me and swore at me and told me that I was lieing and that the roads are fine. Can I sue my boss for intending to put me in danger?

Asked on December 31, 2010 under Employment Labor Law, North Dakota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Although I agree with you that the actions of your boss and your co-worker were really unreasonable, it is doubtful that they are "actionable" under the law. Further, you have no damages, meaning you have nothing substantial to base a recovery on, like when you are injured and you break a leg or arm, etc.  Is your boss the owner of the pizzeria?   If not then I would make a complaint regarding the behaviour.  You should not be in any way penalized for not being able to get to work during such a terrible storm nor made to place yourself in danger because of it.  You did the right thing and now you have to stand up for yourself.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.