Can I be fired for not wanting to go to work because someone was watching me while I was using the ladies’ room?

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Can I be fired for not wanting to go to work because someone was watching me while I was using the ladies’ room?

As I was at work I decided to go to the restroom. Once in the stall I noticed someone peeking under the stall watching me urinate. Once I noticed the individual I hurried out to let my coach know of the incident, who then notified my supervisor. After she was notified she then asked me if I was able to notify the individual and my response was no because I didn’t see the individuals full face. I then decided to go to our security desk to notify security of the incident because there are cameras throughout the building. Since there was only the other individual and I in the restroom, I figured they could see who walked in before me or who walked out after me. I provided them with a time stamp and I was told that it would be looked into. I didn’t feel comfortable staying at work that day so I told my supervisor that until the person was found, I needed to not be in the building because I had the feelings of anxiety and nausea; I felt very unsafe in my work

environment. On the second day, I went into work because I was told by my supervisor that there was no footage found of me going into the restroom or even anyone coming in or out. I told security that if nothing was found I was not coming back to work and I notified police of the incident. They told me that they were unable to do anything because I wasn’t able to identify the individual and they did not have any of the footage. I then took it upon myself to email the boss of my supervisor and our H.R. supervisor to inform them of the situation. Then, yesterday, I received an email that I was terminated?

Asked on May 9, 2017 under Employment Labor Law, Georgia

Answers:

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

Answered 4 years ago | Contributor

While an unfortunate situation, you could have legally been discharged. Attendance is a basic job requirement, so an unexcused absence need not be tolerated, no matter the reason. This is true unless you were afforded some type of protection under the terms of a union agreement or employment contract. The fact is that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Accordingly, a worker can be terminated for any reason or no reason at all, with or without notice.


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