If the first aid official at my work tells me I need to go home can I still be disciplined for leaving early?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If the first aid official at my work tells me I need to go home can I still be disciplined for leaving early?
I work at an amusement park which I will not name
and about 30 minutes into my shift I started feeling
really sick. During my break I started vomiting so I
went to first aid to lie down and threw up again while
there. The first aid official told me I need to go home
but my team lead told me I would be documented if I
left even though I was following medical instructions
from a medical professional who works for the same
company?
Asked on September 2, 2019 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Unless here exists an employment contract or union agreement to the contrary, your treatment was legal. The fact is that most work relationships are "at will". This means that a company can set the ondtition s of employment much as it sees fit (absent some form of legally actionalbe discrimination).
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Unless you have a written employment contract, you are an employee at will. An employee at will has essentially no protection at work and can be written up for disciplined for any reason, including having to be sent home for being sick unless the employee had and used a sick day for that purpose.
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.