What is considered

UPDATED: Oct 1, 2022

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What is considered

I had recently gotten a new job and had completed all of my training and testing paid before beginning my first shift by myself on 07/04. On 6/28 I had visited the emergency clinic due to extreme fatigue and a sore throat. I was advised and given a letter to not return to work until 07/04. Regardless of doctor’s orders. I was told to come in and do testing for my new position. After my initial visit, I had 3 more visits to clinic, about every other day up until 07/04. I had kept my new boss in the loop about my sickness since the first visit. Around 07/04, I was experiencing severe chest pains and vomiting. I immediately informed my boss that I was sorry but I really needed you go to the hospital and that I would not be able to comeback into my shift that night. She responded by telling me that it was unfair that I was doing this on a holiday at such short notice and that I need to decide whether or not I was going into work or going to the hospital and being terminated. I had gotten ready for work an drew at the last moment decided that it was irresponsible of me to put my own life/health at risk because it was

Asked on July 9, 2018 under Employment Labor Law, Texas


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

Answered 4 years ago | Contributor

Unfortunately, unless your treatment violated the terms of an employment contract or union agreement, it was legal. The fact is that most work relationships are "at will". This means that a company can set the conditions of employment much as it sees fit, absent some form of legally actionable discrimination. In your case, you were sick and apparently had no PTO (or vacation or sick time) to cover your absence. Accordingly, you could legally be terminated. Had your being out had to so with a recognized disability (not just feeling sick), then you might possibly have a claim but such is not the case here.

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