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.
If someone is physically ill, isn't it their right to be able to go home? What if it were serious? What if I were diabetic?
Thanks!
2007-07-23 04:47:21 · 8 answers · asked by jennjenn91087 1 in Politics & Government ➔ Law & Ethics
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.
2007-07-23 05:00:07 · answer #1 · answered by hipgram 2 · 3⤊ 0⤋
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.
You could have said ""name" I am really sick, I am going to try and work through it but "describe symtoms" i was wondering if I unable can I call "so and so" in to take my place?"
It is your responsibility to inform and more than likely your responsibility to make sure that your spot is filled whether it be you sucking it up and working the rest of your shift or you calling people to come in and fill it.
I have had my manager tell people you have to at least come in and try until we can get your position filled. Most people that are taking their job seriously (as in they have no choice but to work to pay the bills) will work through an upset stomach.
I worked through 3 months of morning sickness and went in with a serious cold/flu because no one could cover my shifts the days I was sick.
Unless you told him you were diabetic when he hired you it can't be used against him or left up to him to think that you might be diabetic.
You are however entitled to at least one 30 min break on your shift. You haven't said if you had had a break yet or not, what your job entails.
His reaction could be based on whether you have done this before, to see how committed you were to working no matter what (are you dependable).
The other thing is WAS it serious? did it turn out to be appendicitis, or did you end up in the hospital? or in the end was it just a little stomach bug?
Anyways you don't have a case about him not letting you go for an upset stomach but you may have something on the no break thing.
2007-07-23 12:04:12 · answer #2 · answered by Eq2Kitty 3 · 2⤊ 0⤋
What is your job, how long had you worked there, and were you a good employee?
10.3
11.3=1 hour
12.3=2 hours
1.3=3 hours
2.3=4 hours
3.3=5 hours
4.3=6 hours
5.3=7 hours
6.25=45 minutes
The law is you are entitled to a one hour lunch and two fifteen minute breaks if you work an eight hour day. You are entitled to one thirty minute lunch if you work 6 hours, 7 hours, less than 8 hours. Your schedule is interesting and indicative of someone who didn't want you to have full time hours.
You didn't tell us if you had your lunch or if you'd had a break. If you were that ill, you needed to ask to go home. You could have avoided the blowout with the manager by behaving responsibly and maturely.
2007-07-23 11:58:06 · answer #3 · answered by all_stardusty 4 · 0⤊ 1⤋
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.
Most states or provinces allow that either of you must provide two weeks notice however, which means they should allow you to finish out two weeks or pay you if they will not allow you to return. If you were to fail to give the notice, you would forefit your last cheque.
If you are unionized there may be agreements in place protecting you. Speak to your union rep.
2007-07-23 12:02:16 · answer #4 · answered by elysialaw 6 · 0⤊ 0⤋
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.
2007-07-23 11:56:25 · answer #5 · answered by Michael C 7 · 1⤊ 0⤋
I'd have to hear the manager's side of the story to render an opinion.
2007-07-23 12:00:01 · answer #6 · answered by Anonymous · 1⤊ 0⤋
If you live in a right to work state you are screwed.They can fire you for anything.
2007-07-23 11:56:57 · answer #7 · answered by George G 5 · 0⤊ 0⤋
you might but this happens so often you may not get anyone to take you seriuos i know this happened to me
2007-07-23 11:52:23 · answer #8 · answered by Anonymous · 1⤊ 0⤋