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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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. 

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.

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