what can i do?

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what can i do?

today i was sick at work i threw up and
my manager refused to let me go home.
he also blew up on me and started
telling me things told me to just quit
and i better show up with a Dr’s note
my next shift or not to bother going
back. one of my other co-workers feeos
sick and he lets him leave no questions
asked. he gets mad if for some reason
ill try to call out but the other
employees that call out he doesn’t even
tell them anything

Asked on November 28, 2016 under Employment Labor Law, California

Answers:

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

Answered 4 years ago | Contributor

First of all, if you have sick time and use it when you're out, then your employer cannot use you abscence against you. However, if that's not the case, then unless this differing treatment is due to your race, religion, disability age (over 40) or other legally actionable discrimination, you have no claim here. The fact is that in an "at will" work relationship, a company need not treat all employees the same or even fairly. Your only protection in this case would be if your employer is violating the terms of any applicable union agreement or employment contract. In that case, you would have legal recourse. Bottom line, you can either accept your treatment, complain but risk termination, or quit.


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