Can I sue my employer for them not letting me use the restroom?

UPDATED: Mar 2, 2012

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Can I sue my employer for them not letting me use the restroom?

I got a kidney infection because I was not allowed to use the restroom other than my lunch break.

Asked on March 2, 2012 under Employment Labor Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Here is the issue. Did your doctor validate or diagnose that the kidney infection was indeed from being disallowed to use the restroom? If so, then you may have a case but keep in mind, the issue of not being allowed to the use the restroom will be very fact specific. If you are (and you should be) allowed to have breaks (aside from a lunch break), your employer cannot withhold you from using the restroom. Even if you didn't have such breaks, you cannot be held against your will. If you fear retaliation, that is a separate issue altogther. If you have pre-existing issues, your employer needs to be informed of them. Write down everything that occurred and consult with an attorney 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.

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