The owner of RuckerJohn's, a popular restaurant in Emerald Isle, is getting sued for giving employees Sundays off.

Emerald Plantation, the company that owns the shopping complex where RuckerJohn's restaurant is, says the owner is violating the terms of his lease by closing down Sundays.

Chris Johns, the owner of RuckerJohn's said he just wanted to give his staff a break from the post pandemic business boom and was shocked when he was slapped with a lawsuit.

From the moment RuckerJohn's opens it's doors at 11 a.m. to the minute the restaurant closes at 10 p.m., the staff are on their feet working to serve customers.

"Within the past two weeks it has picked up a lot, we're seeing a lot of our summer numbers that we wouldn't normally see until July or August," said Kaitlynn Chambers, morning head hostess at the restaurant.

"It has been very difficult, at one point, I had to ask management to give me at least a Saturday off so I could spend time with my kids and just have that day to breathe because it wasn't happening - they needed me so much."

Johns, said he saw the toll the workload was taking on his staff and decided to close down the restaurant for one day out of the week.

"We really felt strongly about closing on Sunday. We felt like that was a great day for everyone to stop and breathe, families are off on Sunday, so it allows our people to spend time with their people," said Johns.

Then came the phone call from York Properties, the management company that owns the Emerald Plantation Shopping Complex that Johns rents from.

Johns said the company asked him to pick a different day to close but Chris refused, sticking to his belief that Sundays were best for his staff.

"I tried to explain to them I don't think they really understand what the situation is and how tight it is," Johns said.

Johns said he thought that was the end of it until a few days later when he was served papers, learning the company is suing him for violating the terms of his lease.

York Properties' attorney released a statement saying "RuckerJohn's lease at Emerald Plantation contains several provisions that require it to open for business every day except Thanksgiving and Christmas. Emerald Plantation cannot allow RuckerJohn's to violate the operation provisions of its lease and the effect its closure on Sunday would have on other tenants in the center."

Johns plans to stick to his plan.

His workers, like Chambers, have already seen the effect just one day of rest has on her and others.

"Its not as stressful, when we come back, we're ready to go, and we're ready to tackle the week ahead knowing we have that Sunday to do that 'breathe again.'"

Johns has hired an attorney but said he is hoping the management company will simply have a change of heart.