what can i do?

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

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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