Sueing a restaurant

[Jm2091]

Jurisdiction

North Carolina

Can a 16 year old work as a prep in a kitchen?
He is 16 working with 200+ degree water.
And a oven with HIGH temps.
He heard his manager say they couldn't hire another 16 year old as a prep because of his age, that he couldn't work with the hot water or oven.
Can he sue?

 

[Jm2091]

Also he has to make coleslaw in a 30 degree freezer, and he has burned himself a couple times with the power driven oven and the hot water to make the sides of the restaurant

 

[justblue]

Can a 16 year old work as a prep in a kitchen?
He is 16 working with 200+ degree water.
And a oven with HIGH temps.
He heard his manager say they couldn't hire another 16 year old as a prep because of his age, that he couldn't work with the hot water or oven.
Can he sue?

Sue for what? Was he injured?

 

[justblue]

Also he has to make coleslaw in a 30 degree freezer, and he has burned himself a couple times with the power driven oven and the hot water to make the sides of the restaurant

How badly was he burned? Did it require a hospital/Doctor visit/treatment?

 

[army judge]

Also he has to make coleslaw in a 30 degree freezer, and he has burned himself a couple times with the power driven oven and the hot water to make the sides of the restaurant

Tell mommy and daddy, laddie, your parental units will protect you!

Can he sue?

The minor should pose of of her/his questions to the minor's parental units!

There are very evil adults who live to do heinous things to minors, laddie.

Run tell mommy or daddy whenever you encounter difficulties or quandaries.

No, a 16 year old is a minor and can't use the court system to sue anyone.

A minor is a legal incompetent and has no standing to initiate a lawsuit.

If a minor is injured, the parents of said minor have standing to sue on behalf of the minor.

Can a 16 year old work as a prep in a kitchen?
He is 16 working with 200+ degree water.
And a oven with HIGH temps.
He heard his manager say they couldn't hire another 16 year old as a prep because of his age, that he couldn't work with the hot water or oven.

Here you go, laddie, NC rules regarding employment of minors.

NC DOL: Youth Employment Rules

===============================================

Here you go, laddie, the federal labor law regarding minors:

Youth Worker Safety in Restaurants eTool | Resources - Fair Labor Standards Act

Banned Occupations (minors)
Jobs deemed hazardous to the health and well-being of minors in North Carolina bear a partial or complete ban. The Secretary of Labor establishes guidelines and makes final decisions regarding hazardous occupations. Though limited exemptions may apply in some circumstances, the following occupations typically stand prohibited for minors:

Manufacturing or Storing Explosives
Coal Mining
Logging or Work in Sawmills
Jobs Involving Exposure to Radioactive Materials
Work with Power-Driven Machinery
Work in Meat Packing Plants/Slaughterhouses
Roofing
Trenching/Excavation
Driving a Motor Vehicle
Preparing/Selling/Serving Alcoholic Beverages

Minimum Legal Age to Work in North Carolina: How Old?

 

[flyingron]

In addition, there are some federal laws, but none seem to have been violated here. Neither dishwashers nor ovens nor freezers nor cole slaw are covered. The major hazardous environment denied those under 18 is motorized meet slicers or grinders. They can't operate or even clean these items.

If the restaurant employs more than three people, then they should be covered by workman's comp. If you're injured on the job, you submit a claim there, see: NC Industrial Commission Claimant Information. That will cover your injuries. You're not going to get extra "damages" because your job sucks. Many do (especially the ones that are opened to unskilled teens).

 

[Disabled Vet]

OMG...... The youth of today is amazing. Listen. Laws are one thing. Yet common sense is another. If your friend is 16 and stupid then what a waste. At 16 better yet at 8 years old I was running heavy machines on a farm. I would climb up 60' on the silo to get the unloader freed. Tell your friend to get a grip on life and work hard. Stop being such a sissy....

 

[justblue]

OMG...... The youth of today is amazing. Listen. Laws are one thing. Yet common sense is another. If your friend is 16 and stupid then what a waste. At 16 better yet at 8 years old I was running heavy machines on a farm. I would climb up 60' on the silo to get the unloader freed. Tell your friend to get a grip on life and work hard. Stop being such a sissy....

Now now...Even sissy's don't get a job and then complain about having to... you know...actually work.

The 16 year old suffers from the millennial virus call Entitlement. Wanting something for nothing. Good news!! There is a cure that in every parents "medicine chest". A good boot in the arse.

 

[justblue]

Px Hx...

 

[Zigner]

Can a 16 year old work as a prep in a kitchen?

Generally, yes.

He is 16 working with 200+ degree water.

Like when he makes macaroni and cheese at home?

And a oven with HIGH temps.

Like when he makes pizza rolls at home?

He heard his manager say they couldn't hire another 16 year old as a prep because of his age, that he couldn't work with the hot water or oven.
Can he sue?

This has been addressed elsewhere.

 

[Zigner]

Also he has to make coleslaw in a 30 degree freezer, and he has burned himself a couple times with the power driven oven and the hot water to make the sides of the restaurant

This doesn't make sense. Is he building the restaurant?

 

[justblue]

This doesn't make sense. Is he building the restaurant?

Perhaps OP meant side dishes.

 

[zddoodah]

Can a 16 year old work as a prep in a kitchen?
He is 16 working with 200+ degree water.
And a oven with HIGH temps.
He heard his manager say they couldn't hire another 16 year old as a prep because of his age, that he couldn't work with the hot water or oven.
Can he sue?

Since it sounds like the things you described actually did happen, it should be obvious that they can happen. Also, anyone can sue anyone for anything.

Here's a link where you can read about North Carolina laws pertaining to youth employment, including hazardous jobs that minors are legally precluded from holding. Working with boiling water and ovens are not things that are prohibited, which makes sense because those are things that teens commonly do in their own homes.

If one is injured on the job, a workers' comp claim -- and not a lawsuit -- is typically one's exclusive remedy.

 

[Michael Wechsler]

Also he has to make coleslaw in a 30 degree freezer, and he has burned himself a couple times with the power driven oven and the hot water to make the sides of the restaurant

I appreciate where you're coming from but let's look at this logically and separate from what has been stated above.

Let's assume he can sue in civil court. What are his damages? Does he have permanent scarring and disfigurement or is it what many experience - some pain, discomfort and a couple of weeks of healing until no one can tell that an injury has ever occurred? If it's the latter and it did not even require any formal medical treatment and out of pocket expense, I ask again, what are his damages?

I'm assuming you're hoping that a technical violation might reap a windfall. Just a thought - if a minor is hired and is paid at least minimum wage, what would you think should be an acceptable outcome? Policing the violator may be more of an agency priority than awarding money damages where there may not be substantial damages, if at all.

There is one question which has me perplexed. If you're his parent or guardian and you know all of this and might consider this job not suitable for a younger teenager, why would you continue to allow your son to work in this position?