Is it legal for me to get written up over being concerned about my health?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 7 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.
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.