is a shift leader protected by the good samaritan law if he/she walks away from you if you pass out at work? I was clocked out, he was not.

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is a shift leader protected by the good samaritan law if he/she walks away from you if you pass out at work? I was clocked out, he was not.

I have FMLA, was leaving from work and passed out on some boxes on my way to my vehicle, my shift leader yelled at me to get off the floor that it was dangerous 3 times and then walked off as I regained my senses. I informed him I was leaving due to a fibromyalgia flareup before I clocked out. This shift leader and all shift leaders at this company are trained how to use the electric paddles in the event of an emergency as a first responder and get certified for it. My question is this Are team leaders acting in a managerial capacity blanket covered by the good Samaritan law thus can pick and choose to whom they tend to in an emergency situation? when someone has to go to the hospital during work he is the one who coordinates getting the employee driven to the hospital to be checked out and of course drug tested for liability purposes. Any input on this matter would be greatly appreciated. I discussed this with the warehouse manager and was told his choice to not assist me is covered by law and it is what it is. ironically we manufacture medical products to help people in need. Thank you.

Asked on April 2, 2019 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The Good Samaritan Law protects people who voluntarily choose to offer help in an emergency situation. It does NOT force anyone to offer help. No person is compelled to assist others, except in certain cases if it is explicitly part of their job (e.g. a first responder, EMT, paramedic, etc.); however, providing medical assistance is nort part of a shift leader's job. Your shift leader could walk away from the situation.


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