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  1. #1
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    Oct 2008
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    Default Can an Employer Force You to Come to Work when Sick?

    My question involves labor and employment law for the state of: FLORIDA

    My friend called in sick to work the other day-- vomiting, etc. Her boss told her to come in anyway. Is this legal? Can they legally make you come in when you call in sick? How could she be expected to drive a car when she's vomiting every 5 minutes? She hasn't called in sick in months!

  2. #2
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    Default Re: Can an Employer Force You to Come to Work when Sick?

    Barring a condition that qualifies under FMLA or possibly the ADA, the employer is under no legal obligation to grant sick days or approve time off for illness. I'm not saying the employer was right to insist on her coming to work, but he did not violate any laws by doing so.

  3. #3
    Join Date
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    Default Re: Can an Employer Force You to Come to Work when Sick?

    Quote Quoting kk344
    View Post
    My question involves labor and employment law for the state of: FLORIDA

    My friend called in sick to work the other day-- vomiting, etc. Her boss told her to come in anyway. Is this legal? Can they legally make you come in when you call in sick? How could she be expected to drive a car when she's vomiting every 5 minutes? She hasn't called in sick in months!

    To a great misfortune, yes. When a person is employed "at will", they are basically a slave, hence the terminology in law concerning employer -employee;

    Master-Servant.


    American Jurisprudence, 1st series, has a volume titled; Master -Servant; outlining case law across the US. Now the 2nd series volume is titled, I believe Employment and Labor.

    Many employers are callous and have no human feelings towards employees.

    Not only on this board, but others, and the study of employment law over the years, I have seen some tragic and sad treatment of at will employees.

    Take care!!

  4. #4
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    Default Re: Can an Employer Force You to Come to Work when Sick?

    I find your assessment of at-will employment as being akin to slavery enormously offensive.

    An at-will employee can quit their job at any time, and for any reason, including reasons that would be illegal if their employer fired them for it. Slaves did not have that option.

  5. #5
    Join Date
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    Il.(near StL,Mo.)
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    Default Re: Can an Employer Force You to Come to Work when Sick?

    It's one of those unfair but not illegal situations.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  6. #6
    Join Date
    Aug 2007
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    Default Re: Can an Employer Force You to Come to Work when Sick?

    Quote Quoting cbg
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    I find your assessment of at-will employment as being akin to slavery enormously offensive.
    Ask me if I care??

    An at-will employee can quit their job at any time, and for any reason, including reasons that would be illegal if their employer fired them for it. Slaves did not have that option.
    I have heard your they can quit any time analysis before as a fair playing field, it does not wash with me!!

  7. #7
    Join Date
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    Massachusetts
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    Default Re: Can an Employer Force You to Come to Work when Sick?

    Less than ten years ago, when the job market was very different than it is now, there were more jobs than there were people to fill them. If the employee didn't like something, they could walk, knowing that they'd have a new job, quite possibly at higher pay and better benefits because employees at that time could write their own tickets, within a matter of days. The employers, on the other hand, were trying frantically to come up with incentives to hold onto their employees that wouldn't break the bank, because if the employee left it would be probably months before they could find a replacement. I personally sat in on several of these sessions.

    I didn't hear anyone complaining about at-will employment then.

    So enough with the slavery talk. It's market driven, yes, but everyone gets their turn.

  8. #8
    panther10758 Guest

    Default Re: Can an Employer Force You to Come to Work when Sick?

    Quote Quoting BOR
    View Post
    Ask me if I care??



    I have heard your they can quit any time analysis before as a fair playing field, it does not wash with me!!

    Not "washing" with you means squat! The "at will" doctrine is in effect in 49 of the 50 states. If its unfair or not effective than its has failed to be challanged. Regardless our opinions don't mean anything as our opinions are not law

  9. #9
    Join Date
    Sep 2008
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    7

    Default Re: Can an Employer Force You to Come to Work when Sick?

    Vomiting would be considered a serious illness by FMLA, so if the employer and the employee qualify, the employee can go to the doctor, get the FMLA paperwork completed and cannot be forced to go to work or penalized. Of course, the problem is, if the employer disregards the FMLA rules, you still end up unemployed then have to decide if pursuing a remedy is worth the time, effort, and cost.

  10. #10
    Join Date
    Aug 2007
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    Default Re: Can an Employer Force You to Come to Work when Sick?


    I find your assessment of at-will employment as being akin to slavery enormously offensive.

    An at-will employee can quit their job at any time, and for any reason, including reasons that would be illegal if their employer fired them for it. Slaves did not have that option.


    Quote Quoting cbg
    View Post
    So enough with the slavery talk. It's market driven, yes, but everyone gets their turn.
    My thoughts had absolutely NOTHING to do with involuntary servitude which the 13th AM resolved and you darn well know it, and it was quite offensive to me to compare the 2, as if I were to say we are bought and sold property being employed at will. Have you ever heard the expression "my boss is a slavedriver"?

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