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

Answers:

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. 


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