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BizAttorney, Attorney
Category: Legal
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Experience:  Over 12 years of business and legal experience.
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As a retail pharmacists I am concerned. If you are scheduled

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As a retail pharmacists I am concerned. If you are scheduled to work a weekend (Friday 9am to 7 pm, Saturday 9am to 6 pm and Sunday 12pm to 6pm) and at 9:30 am Friday you call schedular and tell them you are extremely nauseated with lower abdominal pain, can they get someone in to relieve you. By 9:30 you have heard no reply and ince you feel you are unable to preform you duties to protect the public health, you call scheduler back. Answer--sorry, I am trying to get you relief but so far no luck. I have notified your supervisor.Long story short, no relief sent. No contact from supervisor. Pharmacist worked entire weekend and on Monday, when finally had time off to see physician, had Appendicitis with surgery that night. My question is, they ingored the health of the Pharmacits in their business practices. If that appendicts had Perforated, the abdoman would have been contaminated with bacteria and the pharmacists life could have been in danger.

Is there a case here?

BizAttorney :

Good evening! I can help you out with your legal question tonight. No, employer's never "force" you to work and you have the choice whether to come into work or not.

BizAttorney :

The court would have said that the person should have gone to the hospital or not gone into work.

BizAttorney :

If the employer would have threatened to fire him/her because of an injury or surgery, then that could be different.

BizAttorney :

But just telling the person to come into work, even when they are sick, is not actionable.

BizAttorney :

Are you there?

Customer: replied 3 years ago.

So the law is skewered towared the employer. If the employer has given the employee the impression that they work whenever or will be fired, then the employee has no recourse legally?

That is correct, until the employer actually fires the employee. Then there will be new options for the employee.

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Customer: replied 3 years ago.

I actually expected that.. I was worried that at 63, with appendicitis and knee surgery all within 2 weeks that they may take my Pharmacy away from me after I have given 16 years of my life to it. Life is not always fair and I will survive. Thanks for your professional help.


Hunter Free

Columbia, SC

You are welcome and God bless! I really hope you find something that appreciates you more than your current employer. Take care and please leave me feedback so that I can continue to help others.

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