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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 7 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption