• 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.

Legal firing?

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

cloudrainbow

New member
What is the name of your state? Texas

Hi! I have an issue at work I am uncomfortable about. I work at a medical facility as a massage therapist. The facility is owned by the doctor. Over the weekend I had a breakout appear on my arm. Tuesday driving into work, it began to blister and broke open, leaking. When I made it to work I immediately went to the office manager, told her I had a problem and showed her my arm. She planned on moving my appointments but the doctor, also the owner, told me no. He said he didn't appreciate me driving in to tell them I wouldn't work, that I should have called. I told him I understood but it happened on my drive there. He continued telling me that if I came there I am expected to work and if I don't he'd clear my schedule, in other words, fire me since they do fire employees easily there. While I was reluctant, but I told him okay, and that I'll just inform the clients about my arm. He grew upset, pulled me into a private room, and began yelling at me about not informing the client of this breakout over my arm. I told him I was uncomfortable, because I do not know what this breakout is, if its contagious and the client should be informed. He snapped saying I had no right or place to inform the client, that if they end up breaking out they'll blame them rather it was from me or not. I insisted that put me in an uncomfortable position, because clients will ask what is wrong with my arm. He yelled again saying he was the doctor and he knew best, I told him I don't understand why he's being so hostile toward me. He then reached out and grabbed my unaffected arm, lifted it up, and told me, he's not afraid to touch me. I went silent, after a minute he let go then pointed at my other arm, and said as long as I don't touch him with that one. So don't touch anyone with it.

Because of this I am extremely uncomfortable about this encounter. He is the owner, so I can't complain to someone higher up. I guess my question is, if I inform him about how he made me feel and fires me, would it be a legal firing? Or if I should not say anything?
 


HRZ

Senior Member
The fact that boss is making some very poor calls as to employee and client safety is not by itself safe grounds to "quit" and expect to collect unemployment comp if that was your question. NO doubt the boss will twist the story and cite you refused to work.

I think the less you say the better and ideally say nothing and be ultra low key short of invisible...just do your assigned task .....but I'd sure keep good records in a safe place off site . IF a client asks questions...be ultra polite and have him or her refer questions to " Doctor " .....don't make medical comments !

FIre up your network and seek options with a more enlightened boss !
 

Zigner

Senior Member, Non-Attorney
Has your condition been diagnosed? Is it contagious? Does your license restrict you from certain acts under the circumstances you are in?
 

cbg

I'm a Northern Girl
I guess my question is, if I inform him about how he made me feel and fires me, would it be a legal firing?

Yes. Firing you because you second-guess his decision is a legal firing, even if you are right.

Now, I've answered the question you asked. If you will answer the questions that Zigner asked, plus a few that I'm about to ask, we'll see if a question you didn't ask has a different answer.

How long ago did this happen? Has the condition cleared up? If so, how long did it take? Did you see another doctor for it? If so, what did the doctor say? How long have you worked in your current position, and how many employees overall does it have?
 

cloudrainbow

New member
Hi! Thank you for your response! I will refer clients with questions to the doctor. No, I'm not looking for unemployment or anything, I'm simply at a loss at how to handle this situation. Good advice, I will keep records of what happened.

No, it has not been diagnosed. I have made an appointment because it's spread onto my other arm and not showing signs of clearing up. Under my license and what I've been taught, no, I would not perform a massage under those conditions, however the doctor says because we are his employee, we work under his license and follow his license's rules.
 

cloudrainbow

New member
cbg

The issue on my arm started out small on Sunday, Tuesday morning was when it blistered and opened up. No, it hasn't cleared up. I still have it on my arm which I'm keeping wrapped. My insurance is through Ambetter/Obamacare and the only doctor in my region who can see me couldn't see me until next week. I made the appointment in case it hasn't cleared up by then. I have worked in this position for 4 years. We have between 40-60 employees. There is a large turn over rate where I work, so we are constantly hiring staff.
 

HRZ

Senior Member
Well don't jump to conclusions ...apparently a doctor did look at your open wound and determined you were fit to treat his patients and directed you to do so......pretty darn dumb move, but he did it ?

Is this a one time bad judgement event as you see it...or it ibad judgement common place in your 4 years of being there.?

( I happen to have some ugly skin issues bad enough that military did not want me as draftee ...but of zero risk to those around me ..open weeping sores is yet a different matter !)
 
Last edited:

cbg

I'm a Northern Girl
This sounds like nit-picking but it's not. I don't think from what you've stated that you have any kind of valid claim but I'd like to nail down all the possibilities regardless. I'm operating on two different principles here, so the questions may seem disjointed. And just so you know, I agree with you that you likely shouldn't be working. I'm not questioning your decision. But the law doesn't always have common sense. So don't think this is an argument or a rebuttal of your decision when I ask, Does your license PROHIBIT you from working under these conditions? Or is it Not Recommended? Or not addressed at all. (I am referring ONLY to your license. Not your training. Not your common sense. We'll assume that your training and common sense say you shouldn't be. For this purpose, I am only concerned with your licensing.)

The other question is, and yes, it really does matter for one of the two legal principles I'm working with here, How much of the time do you have over 50 employees and how much of the time under?
 

cloudrainbow

New member
HRZ
He is a chiropractor, so I'm not sure if he could properly determine it. He told me don't touch them with this arm, so I had to do one armed massages and used the fingers of the affected arm.

There have been several bad judgments where I work by the doctors and office manager, but I tend to keep to myself and stay out of the office/worker/client drama.

If it were simply a rash or bumps, I'd cover it and leave it be. Several massage therapist get skin irritations either from perfumes or sweat from clients, but I've never had something like this happen.

PS: the amount of employees count both full time and part time. The job doesn't offer benefits, so they just are careful not to work a person over 40 hours a week to prevent overtime.

cbg
I don't think it's nit-picking at all. . The way he acted worried me a great deal. Out of four years, I've never had issues or had complaints, so the behavior and threatening of my job scared me. I have over 100 regulars who've been with me for many years. I don't want to quit nor be fired, because my clients are my reason for doing this job. It's why it made me uncomfortable he wanted me to lie if they asked about my arm.

A massage therapist license in Texas states that the physical environment they are working in should be sanitary and hygienic, however does not mention the health of the therapist being a factor in this.

I have been at my job in this same position a little over 4 years. From the time I started there was about 15-20 employees, now we are nearing triple that. Most of the ones before me have left. I'd say I'm in the top 5% of being there the longest.
 

cbg

I'm a Northern Girl
It's not the length of your employment I'm concerned with. It's the literal number of employees. There is a specific law I have in mind which I don't think has been violated anyway, but I'm trying to determine whether it even applies. There is a length of employment factor involved but you've already given me the answer to that. There is also a "size of employer" element and it goes into effect at 50 employees. There is a specific formula for determining whether it applies when part of the time the employer is over 50 and part of it under. So to that end I need to know, over the last year or so, how much of the time were you over 50 employees and how many under?

Again, I don't think this law applies anyway from what you've said, but just in case it would be well to know if it's even a factor.
 

HRZ

Senior Member
IT might be helpful to know the type of infection involved . WE live in complex times where once a condition required a careful quarantine with literally a sign on the door where today some of the most dangerous and contagious conditions must be held confidential in some quarters and even a mild problem can be a complete barrier to work in some other quarter as a safety issue

I suspect the hygiene issues at the TX state license board level are broad enough to inhibit infected workers from having contact with patients ....but that's a question better posted to Board ....but NOT one I would venture to post to them

If you are still employed, it may be smarter to duck all confrontations and just be quiet ....no winnable arrows in your quiver especially if you value your job .

THe issue of counting employees above does not hinge on practice of keeping hours down to avoid paying some benefits or OT as you post...actually that may help....if there are a grand total of say 57 full time and part time employees thats over 50 ...at least absent debate about how to count owners ,partners, shareholders.

Personally I think a doctor who permits an obviously infected worker to have patient contact wo a confirmation that the infection is not communicable is bordering on irresponsible but that's not the question posed.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

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