What is my recourse if my boss wouldn’t let me leave work and I had a stroke?

UPDATED: Sep 30, 2022

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What is my recourse if my boss wouldn’t let me leave work and I had a stroke?

One day at work I was not feeling well and told my boss I needed to go to the ER. He strongly requested that I stay at work as we were conducting an interview with a nurse practitioner. I

did. After the interview I told him I was going to the ER as I just didn’t feel right. At the ER I found out I had a stroke/TIA. And spent 4 days in the hospital. I have no physical residual,

but I am unable to do my job anymore as I can no longer handle very stressful situations. I was a director or nurses and made $80,000 a year. I now am a staff nurse working part-time and maybe make $45,000 a year.

Asked on June 17, 2016 under Personal Injury, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You have no recourse against your boss unless he physically restrained your or locked the door so you could not exit or used threats of violence. Otherwise, while he told you not to leave, you *could* have left--you could have put your health ahead of your job and walked out and gone to the ER. By choosing to stay because your boss asked you to, you made a voluntarily choice to prioritize staying in your boss's good graces over protecting your health; having made that voluntary choice, you cannot hold your employer accountable for the consequences.

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.

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