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Employment of Minor - Construction New York

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  • Employment of Minor - Construction New York

    I came into an HR position in construction and realized that the company is in violation of NYS labor law because they have a minor employed as a laborer. They thought that they were ok because he was not allowed to work in demolition, excavation, etc.. He will be 18 soon, but he isn't a very good employee. I would like to correct the situation, but I'm not sure what the best way is.

    Here are my options as I see them:

    Terminate him today - He'll probably go to the unemployment office and they could notice the violation. (But I think he deserves unemployment).

    Change his duties to work in the office/shop until he turns 18. Then we are stuck with an employee we don't really want.

    Do nothing, wait out the few months until he's 18....then treat him as we would any other employee.

    I need some feedback!

  • #2
    I would can him and take the lumps.

    Unless you hired him, you are not responsible for someone else's mistake. Your boss, however, may think differently.

    If you keep him on, you are still in violation. A crime has still been committed.

    If your boss jumps up and screams, I would offer the boy a severance package equal to the time between now and his 18th birthday.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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