Can my employer send me home for refusing to work in unsafe conditions?

I work for a pizza delivery company. When we aren’t taking deliveries we are supposed to distribute flyers. It was over 100 degrees outside today and I started feeling too hot. I told my employer it was too hot out to work outside and he sent me home.

Asked on July 28, 2012 under Employment Labor Law, South Carolina


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Passing out flyers in 100 degree weather does not necessarily constitute unsafe conditions. I don't believe your employer did anything wrong.  You do not have a disability that he must accomodate.  You need to contact your state labor department for any rulings on a similar matter but I don't believe you have actionable claim herein.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.