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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37864
Experience:  Retired (mostly)
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I am a doctor and while on call in another state. I had worked

Customer Question

I am a doctor and while on call in another state. I had worked 24-7 x 6 days I went to my hotel room to try to sleep out of pure exhaustion. The hospital appartently were trying to reach me x2 hours(non-life threatening pt. situation) There is an ER doctor in house and other medical staff. The hospital decided to have their security guard come to my hotel and with the assistance of the hotel manager -come to my room and bust the door in? While I laid asleep in the underwear in my bed. I feel they violated my right to privacy they feel they had a right to come and physically get me.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.

An employer cannot physically force an employee to labor. That would be involuntary servitude in violation of the U.S. Constitution, 13th Amendment. An "innkeeper," however, has authority to enter a guest room if there is a reasonable belief that an emergency exists. So, if you didn't answer the door, and the hotel manager believed you may have been in distress, then he/she could have forced entry, assuming you did not voluntarily answer the door or your room phone.

What this boils down to here is whether or not there was a reasonable belief that you were in some sort of distress. If so, then you have no claim -- otherwise, you have a claim for "invasion of privacy -- intrusion into seclusion," against both the employer and the hotel manager.

Similarly, if the employer attempting to physically force you to return to the hospital, then you would have a claim of false imprisonment and civil battery against the employer.

For a civil tort attorney referral in the state where the incident occured, see this link.

Please let me know if I can be of further assistance.

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