Does my employer have to honor my consent order if they knew before I was hired?

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Does my employer have to honor my consent order if they knew before I was hired?

I have a consent agreement signed by a judge stating that I have to be present to pick up my daughter every other weekend. My employer knew this before I was hired. Can they make me work so that I can be present to pick my daughter up? And possibly be held in contempt?

Asked on September 29, 2016 under Employment Labor Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless your employer specifically agreed to accomodate your schedule regarding your daughter's pick-ups (e.g. in an employment contract) or there is a union agreement that gives you protection from denying your request for time, your employer's action is perfectly permissable. That is, so long as no form of legally actionable discrimination is a factor in its denial (which you did not indicate). Otherwise, a company can set the conditions of work much as it sees fit. This is true even if a worker has a court order mandating the pick up of a child. At this point, if you can't get your work schedule fixed, you'll have to try and change when you go get your daughter or, unfortunately, quit your job. 


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