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

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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

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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