Is this ok

I work in a coal mine in Craig colorado
thismorning after shoveling all morning
I became very cold from water. And sweat
then my hands went numb from renauds
disese due to the cold I then asked my
foreman if I may use my lunch to go to
the surface and get dry clothes that I
could barely move and was freezing he
replied get back here now or go home I
then said my health and well being is
not in your best interests then I went
home without a job is this legal????

Asked on July 31, 2018 under Employment Labor Law, Colorado


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

Answered 2 years ago | Contributor

Unless you used sick time/PTO or you left work with permission, yours was an unexcused absence. And this can be cause for termination. In fact, the terms of an employment contract or union agreement to the contrary, you could have been fired for any reason or no reason at all (absent some form of legally actionable discrimination).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You didn't just "ask" for a break, according to what you write: you left work without permission. Leaving work when you do not have permission from your employer to do so and/or are not using paid time off (PTO) you earned for the purpose is, unfortunately, grounds for termination.

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