• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Sent home early from work...

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

alisha2432

Junior Member
I am from California.

my boss sent me home early from work today because she was afraid that I would get other people, and her children sick. I am not sick, I have allergies to the dust and mold inside of the warehouse. my allergy pills are not lasting the entire day and since we arent allowed to bring pills with us to work, I cant take more when they wear off. My coworker explained that it was discrimination because of my medical issues. My boss doesnt want me to come back to work until I "feel better". I have a doctor appointment to fix my medication and get a note next week but cant return to work until then. Am I entitled to paid leave and the pay I missed when she sent me home because I am not truly ill? Just allergic.

Thanks!
 


tranquility

Senior Member
You're not entitled to paid leave or the pay you missed unless that is required under a contract. (Usually union.)

You could make a claim your allergies are a disability and ask for the reasonable accommodation of being able to bring them to work. What possible reason would the employer have to not allow that?
 

Zigner

Senior Member, Non-Attorney
You're not entitled to paid leave or the pay you missed unless that is required under a contract. (Usually union.)

You could make a claim your allergies are a disability and ask for the reasonable accommodation of being able to bring them to work. What possible reason would the employer have to not allow that?
That sneezing and coughing all over equipment, customers and co-workers is unacceptable perhaps?
 

tranquility

Senior Member
That sneezing and coughing all over equipment, customers and co-workers is unacceptable perhaps?
The problem is not that he is sneezing and coughing all over equipment, but that:
my allergy pills are not lasting the entire day and since we arent allowed to bring pills with us to work, I cant take more when they wear off.
The problem would, according to the OP, be solved if work made the reasonable accommodation to his disability by allowing him to bring his pills to work.
 

Zigner

Senior Member, Non-Attorney
The problem is not that he is sneezing and coughing all over equipment, but that:


The problem would, according to the OP, be solved if work made the reasonable accommodation to his disability by allowing him to bring his pills to work.
I suspect that the OP isn't "allowed" to take that sort of medication while operating the warehouse machinery, not that s/he's not allowed to bring the pills to work.
 

TheGeekess

Keeper of the Kraken
You're not entitled to paid leave or the pay you missed unless that is required under a contract. (Usually union.)

You could make a claim your allergies are a disability and ask for the reasonable accommodation of being able to bring them to work. What possible reason would the employer have to not allow that?
The problem is not that he is sneezing and coughing all over equipment, but that:


The problem would, according to the OP, be solved if work made the reasonable accommodation to his disability by allowing him to bring his pills to work.
What you said originally was much funnier. :p
 

TheGeekess

Keeper of the Kraken
I am from California.

my boss sent me home early from work today because she was afraid that I would get other people, and her children sick. I am not sick, I have allergies to the dust and mold inside of the warehouse. my allergy pills are not lasting the entire day and since we arent allowed to bring pills with us to work, I cant take more when they wear off. My coworker explained that it was discrimination because of my medical issues. My boss doesnt want me to come back to work until I "feel better". I have a doctor appointment to fix my medication and get a note next week but cant return to work until then. Am I entitled to paid leave and the pay I missed when she sent me home because I am not truly ill? Just allergic.

Thanks!
Take a 24 hour non-drowsy allergy pill. They're out there OTC. :cool:
 

commentator

Senior Member
Any time that you are able, available and ready to work, and your employer has told you to go home, you should file for unemployment benefits for that week. If you are fully released, not medically restricted from working, if a doctor will give you a statement saying that you were fully able to work, but the employer has said you can't for medical reasons, then you are out of work through no fault of your own, and entitled to draw benefits for that week.

If you are coughing, sneezing, repulsive and contagious, the doctor probably will not give you such a release to return to work immediately. If it's "just allergies" as you claim, though, it shouldn't be enough to keep you off work without unemployment benefits. The employer could legally not allow you to work for a few days simply because you have an ugly pimple on your nose, but if you are not medically unable to work, then you could sign up and draw benefits for that time that you were off work through no fault of your own.
 

cbg

I'm a Northern Girl
Please ask your co-worker to look up the definition of discrimination before she explains anything to you again, since she clearly does not understand it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top