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LegalEagle, LLC
LegalEagle, LLC, Licensed Attorney
Category: Legal
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I have pneumonia, I have a doctors note, for being

Customer Question

I have pneumonia, I have a doctors note, for being out. the boss told , a fellow employee, who drives me to work, not to pick me up tommorrow, and If I do go to work, I will be out in the field and not at my regular job. What can be done? My girlfriend would have to drive me to work, I don't have my license and I am still very ill.
Submitted: 7 years ago.
Category: Legal
Expert:  LegalEagle, LLC replied 7 years ago.

I assume your not covered by a union contract at work, correct? If you're sick, DON'T go into work. Your boss sounds like a jerk and plans to punish you for being sick. Have your girlfriend take in the doctor's note and see what happens. While the doctor's note won't prevent them from firing you if they so choose, going to work when you have pneumonia is not a good idea either.

LegalEagle, LLC, Licensed Attorney
Category: Legal
Satisfied Customers: 1473
Experience: Actual online opinions from actual attorneys! Check out all of our positive feedback!
LegalEagle, LLC and 7 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
I am not in any union, and I cannot risk being fired. I have only been out fri, mon,tue, and wed. Isn't this illegal? Who is the boss to cancel my ride to work?
Expert:  LegalEagle, LLC replied 7 years ago.

Dear Jeanne:

You are unfortunately experiencing one of the biggest problems in America. Almost all workers not covered by a union contract as considered "At Will" employees. As an at-will employee, you can be hired or fired for no reason or any reason at all, so long as the reason is not based on a federally protected status or right (e.g., race, creed, color, nationality, sex, age, etc) or for creating a sexually harrassing workplace. With the exception of adverse action based on one of those protected categories, your employer could in theory fire you because he doesn't like your hair color and you would have little or no recourse. You could of course collect unemployment unless the employer could prove you were discharged "for cause", that doesn't help much when you need every penny you get from your check. I am sorry I don't have better news. But there needs to be some changes in America if we're going to prevent situations like yours.

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Customer: replied 7 years ago.
Relist: I still need help.
This is not the first time this employer has threatned someone's job for no apparent reason. He insults anyone in front of everyone, he will leave me stuck with all the shop work, while he takes the only other shop guy, out for drinks and sexual escapades. He's very demeaning, degrading and just a plane fool. I am just frustrated with the whole situation. I know I need to leave this job, but finacially at the moment I cannot. I have been prescribed medication for anxiety due to this job. There must be something that can be legally done. What about a medical leave of absence?
Expert:  LegalEagle, LLC replied 7 years ago.
You could request leave under the Family Medical Leave Act, but time off under FMLA is UNCOMPENSATED time off. Under the circumstances as you've described them, I didn't consider that a viable option. Even if you can claim you are mistreated because you won't go on the sexual escapades with your boss, it will be years before you ever seen a dollar from a lawsuit even if you win. I know it's very frustrating and I really wish I could tell you there was a legal option out there for you. There just isn't any that allow you to continue to get paid unless you go back to work and are not fired. Again, I wish there was more the law could do to support you.

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