QUESTION

can i be fired for leaving my work because i was emotionally distressed ? how is it different than if i was throwing up and i left work

Asked on Jul 10th, 2018 on Discrimination - New York
More details to this question:
I am a waitress I got upset at work ,I started crying and I left work I was then fired 2 hours later,
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2 ANSWERS

Estate Planning Attorney serving New York, NY
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Unless you were fired for a documented disability, leaving without permission is grounds to terminate.
Answered on Jul 11th, 2018 at 1:34 PM

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Labor and Employment Attorney serving Tarrytown, NY at Urba Law PLLC
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Did you abandon your job? If you are ill and report to the manager that you need time off and have not abused sick leave policy you should be permitted to get better. You are right. Essentially no different. Did you see a psychiatrist or other medical professional? Do you suffer with a disability which can be psychological and did you request an accommodation? No employer can assume that an employee suffers with a disability unless they see that. For example if you walked with a limp they may need to ask you if there is anything you need, to get the job done? They see you limping. But most people get upset. They do not abandon their work posts without permission. Had you said that you needed to see a doctor you would possibly have been allowed to go unless they were so short staffed you needed to stay. "At will" employment means that no employer needs to be nice to any employee. And you have a tough job. You have to work with the often upset customer, sometimes mistreated kitchen staff and stressed out managers trying to stay afloat in a very challenging food service business. Ask for time off or a break next time to cope. Or call an ambulance? Not really a joke. I severed my toe tendons a decade ago and now realize that if you dont come to the ER by ambulance you might wait 10 hours for sutures no matter how badly you are bleeding. I wrapped my foot and drove myself. Next time I will call 911. Good luck.
Answered on Jul 11th, 2018 at 5:33 AM

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