Thanks for responding to my question. There is no contact with this employee so I am confident with that At Will status. The employee did not specify any issue that caused them not to feel well other than to say " can I go home, I'm not feeling well?"
There were no signs of any illness or vommitting or anything that would limit a major life function. When they were told no the response was " you cant force me work if I say I dont feel well."
So, if I understand you correctly, I do not have to allow the employee to come back to work until they provide a doctors note, correct?
As the employer ( I am just a very small business) cant I interpret the employee leaving without permission as abandoning their job / voluntary quit?
"....If you have less than 5 employees, NO law would limit your right to terminate an employee suffering from even a serious health condition."
This is certainly something I did not know and is good news. I am an S-Corp and counting me I am under the threshold with a total of 4 employees. I am sure the EDD would still favor the employee is this situation and grant UI benefits, correct?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).