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Can I sue my employer for making me work on graveyard shift forever even though I didnt choose to do so?

Las Vegas, NV |

My company is huge. My supervisor always uses vulgar words when she talks to me and she made me work 16 hours without OT for a few times since I am salaried. I tried to call HR regarding my employment status but HR called my boss and the boss "had a talk with me". I had been working on graveyard shift for almost a year now and wanting to get out. Recently my coworker who worked on day shift left and based on seniority it should be my turn to go to day shift but she actually hired someone else to replace him. She said I looked like a ghost when I didnt have much make up left on my face after working for her for 14 hours. I am so afraid of her and I didnt know what to do. Please help.....shes making me feel really depressed and I started to think small of myself...

Attorney Answers 1


Generally speaking, without a written employment agreement, employees in Nevada will be considered to be at-will employees, which means that the employee can quit for no reason and the employer can fire the employee for (almost) no reason. Federal and state law does protect an employee from discrimination and harassment from the employer, but assigning an employee to a work shift will normally be within the employer's rights. The occasional use of vulgar words and belittling comments by an employer are not likely to give an employee a claim to sue on. The hostility must usually be extreme, severe, and frequent before an employee has a claim. If you have evidence of that, you should consult with a good NV employment lawyer; if you do not have evidence of that, you should look for another job.

Best wishes.

I am happy to give my "answer" to this question, but please understand that my posting does not mean that you have hired me as your lawyer. Even though I am a real lawyer with a current Nevada law license, I have given my input on this legal question for general information only.

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