If I vomit up prior to clocking into my job, do I still have to show up?

I work at a restaurant. I’ve been feeling extremely sick and threw up about 3 hours prior to my shift. I don’t feel better after vomiting and my boss is still making me come in and work. Is that a violation of some sorts because I don’t feel comfortable going to work in this condition.

Asked on March 23, 2017 under Employment Labor Law, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, in an "at will" work relationship, while it would probably be better not to have you come in, especially considering that you work in a restaurant, your employer can require you to do so. The fact is that an employer can set the conditions of the workplace much as it sees fit, absent some form of legally actionable discrimination. This includes making a sick worker report to work. Therefore, unless this action violated the terms of a union agreement or employment contract, it is legal unless there is specific state law to the contrary.


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