Is it legal for me to get written up over being concerned about my health?

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Is it legal for me to get written up over being concerned about my health?

I’m getting written up at my job gas station because as I was working alone this morning I started to get dizzy and sick feeling. A strong rotten egg like smell was coming from the pipes in that back and smelled like natural gas. I was wobbly and disoriented. I told a friend who is also a fellow co-worker about it and he called a business himself to come check it out, out of concern for my health. My manager is writing us up for not going through her first, but from what I’ve learned over the years, if you suspect a gas leak, you immediately need to call for help because you might not have time to wait for your manager to deal with it. It was only a $40 charge that my coworker offered to pay since no gas was found. But the contractors who have been working on the store for the remodel left the sewage cap off and I know that can still make me sick. I have been being treated very poorly as of lately and the mistreatment is getting old. What should I do about the write up? Is there way to fight it?

Asked on June 27, 2016 under Employment Labor Law, Michigan

Answers:

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

Answered 4 years ago | Contributor

Unfortunately, you probably have no recourse here. While what you did is understandable, if it violated company policy you can be written up for it. The fact is that in an "at will" work setting, a company can set the conditions of employment much as it sees fit. This all is true unless such an action violates an ermployment contract or union agreemnt, or if your treatment constitutes some form of legally actionable discrimination.


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