Can i sue my employer for refusing to let me leave work when I was seriously ill and had to leave in an ambulance?

Bankruptcy and Debt 2 views 4 answers
I work at a grocery store, and came into work yesterday and started vomiting and told my manager I felt dizzy, lightheaded, and asked if I could go home. He refused to let me leave until i found someone to come in for me. I threw up again, and ended up passing out at work in the middle of the store. They ended up calling an ambulance and I had to go to the hospital. I don't have health insurance so this was really inconvenient, and could have been avoided, had they let me go home. Do I have a case here? Can I sue my employer?

Attorney Answers

4
Charles Candiano ·
You have no cause of action.
0 upvotes
L. Maxwell TaylorLitigation LawyerMiddlebury, VT ·
Your manager didn't refuse to let you leave. You could certainly have left without his permission. He made you choose between staying there while extremely sick or risking dismissal by leaving without his permission, and you chose the former course. Do I think what he did is utterly outrageous? Yes. Does it give rise to a civil claim against him or the store? Not under general principles of law. The manager didn't "falsely imprison" you by refusing to let you leave. You CONSENTED to his ridiculous, offensive, outrageous insistence that you stay despite being quite ill because you didn't want to risk being fired for leaving without his permission. Believe me, I understand the position you were in. But I think you, and indeed many employees who inquire about legal claims, have forgotten the fundamental reality that each day you decide to trade your valuable life and labor for the employer's money, and that there are times when one needs to reconsider the advisability of that particular transaction. One of those circumstances is when you are about to become violently ill, but the manager thinks he's going to get some work out of you. Sometimes continued employment is just not worth the offense to human dignity that must be endured to assure that continued employment. Good luck. Not legal advice as I don't practice law in New Hampshire. It's just my two cents. If you need legal advice, please consult a lawyer who holds New Hampshire licensure. That's not me.
0 upvotes
Marilynnmika Spencer ·
I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights. Mr. Taylor eloquently described the sad state of employment law in this country. The harsh reality is employees and job applicants have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. And an employer can make decisions based on faulty or inaccurate information. An employer has no obligation to warn an employee that he or she is not performing as the employer wants. It’s not a level playing field. An employer hires employees to provide work for its benefit, not for the benefit of the employees. Don't expect the employer to take care of its employees; it doesn’t have to and it rarely does. There are some limitations on what an employer can do, mostly in the areas of public policy (such as discrimination law or whistle blowing), contract law, union-employer labor relations, and constitutional due process for government employees. Please see my guide to at-will employment which should help you understand employment rights: http://www.attorneyqna.com/legal-guides/ugc/an-overview-of-at-will-employment-all-states. After you take a look at the guide, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful. In your case, the only thing I can think of that MIGHT provide some remedy for you is the Family and Medical Leave Act (FMLA). You may be protected under the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA) if all of the following is true: (a) your employer has at least 50 employees who work within 75 miles of one another; and (b) you have worked for this employer for at least one year all together, even if not consecutively; (c) you have worked for this employer at least 1,250 hours in the immediately preceding year; and (d) you have a serious medical condition as defined by the FMLA. The FMLA allows employees to take leaves of absence from work without repercussion, up to a maximum of 12 weeks per year. Leave can be in increments as short as fractions of an hour. Employment rights come from the state and federal legislatures. One of the best things working people can do to improve their employment rights is to vote for candidates who have a good record on pro-employee, anti-corporate legislation. Another way to protect employment rights is to form or affiliate with a union, or participate in the union already in place. I hope you can resolve your situation and wish you the best.
0 upvotes
Christopher BuckFamily Law AttorneyPortsmouth, NH ·
I tend to agree with the other attorneys' comments. While I find the manager's actions offensive, there just doesn't seem to be any legal reason for a suit, at least with the facts you have presented. If you had a documented disability, that might be another thing. If you had a medical condition that was exacerbated that day, that might be something else. But just feeling sick and having your boss be less than compassionate for you is not a legal claim.
0 upvotes

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