Can I open a lawsuit against a company that wouldn’t give me sick time?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I open a lawsuit against a company that wouldn’t give me sick time?

I used to work for a big retail store until 3 months in Massachusetts where I live and they wouldn’t allow me to take sick time. Anything related to sick time or doctors appointment I had to use PTO. And they would force me to start PTO on a Sunday when that wasn’t a company’s policy just the district manager. They would also not let me leave on the time I was scheduled to, they would force me to work until later. Sometimes I would be scheduled until 10:30 pm and I wouldn’t leave there until after midnight. They also wouldn’t give us the right lunch breaks time. Does that sound like I would have a case against them?

Asked on September 15, 2017 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no legal requirement to give you sick time: none. An employer can require you to use your PTO if you need to miss work: that is completely legal. Employers decide when or for what purposes you have to use PTO, not employees. An employer also sets your work schedule or hours and can change them at will--e.g. the employer can have you work later, but if you were hourly, must pay you for the time; so long as you were paid, it was legal. You do not appear to have any case based on these factors.
If you worked more than 6 hours in a day, your state required that you get a half-hour unpaid lunch break; that was the only break requirement in your state.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption