Can I be written up for visiting the ER with chest pain?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I be written up for visiting the ER with chest pain?

I was experiencing some discomfort with breathing and having some chest pain while at work, so I asked permission to go get checked out at the emergency room. I have a history of heart problems so I wanted to be better safe than sorry. My supervisor allowed me to go. Fortunately, after completing several tests it was determined to be a pulled muscle probably related to moving things at work. The doctor wrote me out the rest of that night to rest. The next day I took the doctor’s note in to work and was written up for unapproved time off. Is this allowed?

Asked on May 16, 2019 under Employment Labor Law, North Carolina

Answers:

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

Answered 1 year ago | Contributor

Unfortunately, unless you used PTO or sick time to cover your absence, you can be written up for missing work. The fact is that unless you have a union agreement or employment contract to the contrary, your employer need not accept a doctor's note. Many workers don't realize that most employment relationships are "at will". This means that a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination).

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

Answered 1 year ago | Contributor

Unfortunately, unless you used PTO or sick time to cover your absence, you can be written up for missing work. The fact is that unless you have a union agreement or employment contract to the contrary, your employer need not accept a doctor's note. Many workers don't realize that most employment relationships are "at will". This means that a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination).


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 with SHA-256 Encryption