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  1. #1

    Default Cursing Minor Employee

    My question involves labor and employment law for the state of: AR

    My nephews boss has been cussing him out on a regular basis as of late, he is 17 and really a good kid. Honor student, same job for over a year, never late and works over time when asked during the summer. He was promoted to assistant manager of his department and gets along with almost everyone, except the main boss.

    His boss will pull him into the office and berate him for any minor thing. My nephew has been reluctant to say much of anything because it is the only job he can work until he graduates. Due to distance, he lives in the middle of nowhere, this employer is the closest and most affordable to drive to after school.

    Is there anything he can do about this, can he record the conversations?...

    TIA

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Cursing Minor Employee

    Swearing isn't illegal.

    Not even in front of a teenager.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Cursing Minor Employee

    His boss is being very unprofessional but what he is doing is not illegal. He either has to put up with his boss or look for other employment.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Cursing Minor Employee

    Mickey, since he is 17, the boss better watch what he says, as it could rise to the level of some type of harmful treatment of a minor.

    Say the boss showed him a picture from Playboy and commented on the chick's assests, this is not only possibly a hostile work environment, but could be some type of crime as corrupting a minor etc.

    As far as recording it, you would have to reserch your state laws. Some states do in fact permit the taping of a private conversation as long as only one party knows, which would be your son, this also includes telephone calls.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Cursing Minor Employee

    Where is there ANY indication that there is anything of the sort going on? The poster has not indicated that anything except berating the boy for what he has/has not doing is happening.

    You're going WAY off the beam here.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Cursing Minor Employee

    Quote Quoting LawResearcherMissy
    View Post
    Swearing isn't illegal.

    Not even in front of a teenager.
    It used to be in Michigan until about 5 years ago. The only reason it is n;t now is because the law was unconstitutional because it was illegal to swear in front of a woman or child and not a man. Actually, not even sure the courts simply didn't just strike the portion about the woman and leave the "in hearing range of a child" intact.

    I'll have to research this a bit. Maybe Aaron knows off the top of his head. It was all because a man fell out of a canoe and was swearing and got charged with the crime.


    I know, not the same state and all but it does go to show that there were (and maybe still is) laws preventing such language in front of a minor.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Cursing Minor Employee

    And considering the language USED by the average teenager, that's a bit ridiculous.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Cursing Minor Employee

    Quote Quoting cbg
    View Post
    And considering the language USED by the average teenager, that's a bit ridiculous.
    I know but the law is the law, until it changes.

  9. #9

    Default Re: Cursing Minor Employee

    He is no longer employed there, he was offered a job on a local farm.

    The boss was always cursing him about how stupid he was and when he grows up.. blah blah, which I would of thought could be seen as harassment. Or discrimination because of age since his age and youth always seemed to be the basis of his rants.. never the less, he is no longer there.

    The kid has never even let a curse word slip in front of me, but his younger sister has.. even on his myspace pages he writes butt as opposed to ass and so on. He really is a clean cut very honest kid, shame he was treated the way he was.

    Thanks to everyone that weighed in, it is much appreciated that you take your time to answer.

  10. #10
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Cursing Minor Employee

    Quote Quoting cbg
    View Post
    Where is there ANY indication that there is anything of the sort going on? The poster has not indicated that anything except berating the boy for what he has/has not doing is happening.

    You're going WAY off the beam here.
    I'm too old to walk the balance beam.

    If you read my statment again I said he has to be careful what he says in front of a minor, I never said he DID say certain things.

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