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Labor laws-Do I have a case? |
I worked for a large retail chain until yesterday. I was very ill, vomitting and shaking-nearly falling over. I asked the manager if I could get a bite to eat and he told me to go upstairs and get a candy bar. He said I was not allowed to take a lunch break, even though I was working 10:30-6:15. I went and got a candy bar and sat in the break room. I called my boyfriend's mom to ask for advice. The whole time I'm on the phone, the manager walks in and out in and out. My boyfriend's mom even speaks to him on my phone. After 15 minutes of weighing my options, he interrupts and tells me that I'm an adult and I need to get back to work. Then he asks if I am physically unable to work. I say yes, aboulutely. Then he says that there are 5 people in my department (working) and I need to finish my shift. Then he says if I go home, I resign. So, I walked out. Documentation! Did you go see a doctor? You should. If you do you have REAL paper work to back you were ill. Then you can go to the labor commission make a complaint. Then you can go after them. The whole time you are without income because of this ego idiot are can get paid back. Or, they hire you back and give you back pay. The person or manager in charge had no legal right to dismiss you if you are sick. Contact the head office of his or her actions and have a doctors excuse. He should be taken care of, by them. If not the labor commission. BUT, HAVE PAPER TO BACK YOU otherwise you have no way out. Oh...to those who asked...Yes, it's serious. The doctor said to come in. Maybe mono.I DID respond maturely, letting the manager know of my illness ASAP.The fact still stands that someone THAT sick needs to be sent home, especially if there are 5 other people working. Report It you might but this happens so often you may not get anyone to take you seriuos i know this happened to me Your manager is an idiot. If you're that sick, he's risking infecting the rest of the work force and customers by making you stay at work. If you live in a right to work state you are screwed.They can fire you for anything. What is your job, how long had you worked there, and were you a good employee? I'd have to hear the manager's side of the story to render an opinion. Unless you have an employment contract (which most people don't) your relationship with your employer is considered "at will" meaning either of you can terminate the relationship at any time for whatever reason. I don't know about what the labor laws are where you live. I do know that upset stomach isn't always a situation where a manager will let you go home. Also you didn't tell him right away that you had an upset stomach. Approach is key in situations like that as well. Even how you go about it. |
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