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My employer called me into the office after completing my 8…

Customer Question
My employer called me...

My employer called me into the office after completing my 8 hour shidt

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I had been sick the last couple of days and had asked for time off

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Was not allowed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

At the end of the shift

Submitted: 6 months ago.Category: Employment Law
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Answered in 5 minutes by:
1/4/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,787
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

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Customer reply replied 6 months ago
To Whom it may concern,I am writing this letter today as a formal complaint for a series of events that occurred at Buffalo Wild Wings, La Vale, Maryland as an HoH employee between the dates of 1/2/18-1/4/18. As a note, some of the information I am providing is extra information that I wasn’t capable of providing, due to the sudden and shocking nature of the main event this letter is describing.To begin, I would first like to recognize two of my superiors General Manager Zach - and Assistant Manager Cheryl - for the outstanding professionalism they both carried out for the serious and truthfully awkward workplace scenario that they were cast into. My respect for them is untarnished from these series of unfortunate events.In this letter, I will chronologically explain my personal experiences through the dates 1/2/18-1/4/18 in detail with the utmost honesty.Starting from the beginning of the new year, I unfortunately became sick with the change in weather that we experienced here in Western Maryland. Both my managers (Zach & Cheryl) confirmed themselves they were aware of many people becoming ill during this time of year, including Cheryl’s 3 children. This validation of awareness secured my confidence in their understanding.On 1/2/18, I worked HoH at BWW with a scheduled shift from 5pm-9:30pm. This short shift, despite the busyness of the day, seemed easy enough for me to get through and I did so, though not performing to my usual level of performance due to my sickness. That night, I informed both Manager Chloe - and kitchen manager Robin Stertz that I wasn’t feeling well and asked the both of them if the opportunity came to cut me short to go home and rest, would be greatly appreciated. This request was blatantly ignored and not once in the night was I considered to leave early at anytime.That night while working the line, I became very suddenly nauseous from coughing up mucus and had to leave the line out of the back door to clear out what I coughed out. Clearly the severity of how sick I was, wasn’t recognized and was witnessed by Manager Amanda - while she was smoking a cigarette.After her witnessing me being sick, she verbally asked me “Are you ok, bud? Take too many pills?”.Before the main incident that I will describe in this letter, I didn’t think much of what Amanda had said, because a couple of days prior, she had informed me she was a recovering heroin addict and I assumed she was attempting to create some humor out of it me being sick to make me feel better. Clearly that wasn’t the case at all.To describe to you more specifically of the type of sickness I had, my symptoms included a severe cough, sore throat, congestion in the nose and lungs, nausea and pain in the lower back from coughing throughout the night. Whether it was the flu or the common cold, I clearly knew I was very sick. I unfortunately at this time do not have health insurance, so this limited me from having the ability to see a doctor. As you can see through my pay and hours, you can also see that I fall well below the poverty line and very simply can’t afford to pay to see doctor upfront.Returning to the events, the following morning (6 am, 1/3/18), I attempted to reach the opening manager Amanda - (the same manager that witnessed me being sick the previous night) to get the phone numbers of any capable employee of covering my volume shift scheduled from 10am-8pm. I received no help for nearly two hours from Amanda and decided to reach out to our GM Zach - for further help in resolving this issue.Sure enough, only a few minutes after my message to Zach, I finally spoke to Amanda with what I can only say was an angry phone call. All that I can assume is that Zach called her and she viewed this as going over head, which resulted in her harsh attitude towards me. During this phone call, Amanda blatantly told me that I would be fired from my job if I wasn’t capable of showing up. Speaking to me with such harshness, lack of flexibility and understanding seemed unfitting for someone in a position of authority. Rspecially considering she was a sole witness to me being sick the previous night.Despite the ignorance towards my sickness, I still arrived to work 10 minutes early and worked my full shift, all in fear of losing my job. I was sick, sore and extremely tired from the lack of sleep of coughing all night. Throughout the entire day, I also experienced a large amount of attitude from Amanda and lack of compassionate understanding for my clear unhealthy state. From there, my night (1/3/18) at BWW became incredibly more uncomfortable.Towards the end of the night around 6pm, after completing all “outs tasks” for the night and still waiting for a hopeful early release from work to go and rest, I was told that GM Zach - and Assistant Manager Cheryl - needed to speak to me.When approaching them, I was told to sit in a chair in the tiny office room with the door closed. This room probably has only
Customer reply replied 6 months ago
I would like to know if I have any recourse?
I have never been so humiliated and don’t think it was right for the. To ask me that and Assume I was on drugs because I was ill
Customer reply replied 6 months ago
I have not sent anything yet
I was just drafting a letter
But not really sure what if anything to do with it
Employment Lawyer: Law Educator, Esq., Attorney replied 6 months ago

Thank you for your reply.

Unfortunately, you are what is called an at will employee. An at will employee really has no right to their employment and as such must work as the employer requires them to work. All of your complaints surround you wanting to go home sick and being ignored and then wanting to be out sick. There is no law granting you the right to take sick days and if an at will employee cannot come to work because of the flu that is not protected by the laws.

So, sadly, employees are not protected in their jobs like your job when they become sick with a cold or flu and if the employee cannot come to work the employer legally could terminate the employee. So what you are complaining about regarding the employer being uncaring about your illness and telling you that you would be fired if you do not show up, that is the employer's legal right with an at will employee I am sorry to say.

Thus, while you can make a complaint to corporate about them trying to force you to work sick, legally the employer could fire you if you could not work because you were sick.

You would do better learning the law from this experience and learning that at will employees have little to no rights or protection in their employment and proceeding with that understanding in the future, because your letter is likely only to stir up more irritation with management and there is no protection if they get irritated with you over this issue.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 6 months ago
it was ok for the. To call me into the office and ask me if I was a substance abuse user and needed help, when in actuality I was only sick and had No healthcare Insurance to go to the Dr that allows my employer to ask me if I’m a substance abused and need help?
All I needed was time of to get better.
They did tell me when a low cost treatment center was located and have me the next day off as well
I’m in Maryland
Iv never been so humiliated. This was all over a manager being upset that She may have to work my shift and or that I called over Her head to ask for permission to take off
It does not seem right that an employer can do that to you
Just by someone saying that alone
Customer reply replied 6 months ago
After a few minutes of standard HR Department conversation topics, I in short was asked if I was having problems at home, if I was under the influence of a controlled substance and if I had a problem with using controlled substances. I was told that this conversation stemmed from an incident that occurred the previous night (1/2/18). To note as I stated prior, other than me informing two managers in BWW that I was ill that night, Amanda was the only person who witnessed me being sick and had made a completely unprofessional joke about “taking too many pills”.My immediate response was that I absolutely was not and have not ever had any issues with controlled substances and I offered to go to the hospital the very next day, just to prove so. I informed all three superiors that I would do any drug testing necessary in order to validate me clearly and simply being sick.After this was spoken about and understood, I also informed GM Zach and Assistant Manager Cheryl of my feelings of intimidation and personal deformation of my professional standing towards Amanda and fellow employees, which Zach had in a way acknowledged.In the ten years of different professional careers, I have never had to deal with such an uncomfortable situation. Not one employer that I’ve ever worked for has ever accused me of being an abuser of drugs and I can provide contact information for all said employers to prove so.Im am fully willing to provide this contact information, as well as a full medical diagnosis that can back this up as well.This truly was one of the worst experiences I’ve ever dealt with for a job. Simply for being sick, not being capable of affording to see a doctor for a doctors note in order to not be fired and a disgruntled manager accusing me of being a drug addict. This experience affected me very personally and truly has made me reluctant and uncomfortable to even return to the work place.Once again, I’d like to recognize the professionalism of Zach - after all said events. After hearing my side of the story and understanding the real circumstances I’ve described, he offered very valuable information for medical facilities in western Maryland that offer citizens who fall below the poverty line to see doctors in order to be treated for being sick. He and Cheryl also very nicely gave me the following day off to rest and get well.
Employment Lawyer: Law Educator, Esq., Attorney replied 6 months ago

Thank you for your reply.

It is not illegal for them to ask if you had a substance abuse issue and in fact if you did have one you actually had more rights because then you would have been protected under the Americans with Disabilities Act.

You have actually more rights if you had one of the issues they were asking you about than you do having the ordinary flu or a cold or other illness.

I mean I agree with you that employees should have a bit more in the form of benefits when they are just sick with an ordinary illness, but unfortunately the law disagrees and does not provide you any real protection in the case you are describing.

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