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Who pays loss time off work

Discussion in 'Wage and Hour, Overtime' started by Kim richard, Sep 3, 2019.

  1. Kim richard

    Kim richard Law Topic Starter New Member

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    Jurisdiction:
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    While filing i rec'd a paper cut and got small amount of blood on file cabinette. Co worker lied and told super that i have a contagious disease. Supervisor called and said i had to leave and seek medical attention not to return till ive got a medical release stating im safe to be with the public and not contagious. Ive had a physical and recieved the release. My question is who has to pay for all the time i was out
     
  2. Zigner

    Zigner Well-Known Member

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    Why do you think you're entitled to be paid for the time off?
     
  3. army judge

    army judge Super Moderator

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    I suggest you start by making an appointment with your HR representative or HR manager.

    When you appear for the appointment proceed to have a pleasant, civil, calm, conversation about any of your concerns.

    You might be surprised after you've had a calm, polite conversation and received all of the answers you require.
     
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  4. Kim richard

    Kim richard Law Topic Starter New Member

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    I was looking for more of "by law" answer. . Is there a law on if my employer has to pay for lost time since they are whom requested the dr release.
     
  5. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    There is no such law.
     
  6. Kim richard

    Kim richard Law Topic Starter New Member

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    Because i was told to leave untill i could provide proof i wasnt contagious. I dont have any open sores or physical signs of anything contagious they caused me to loss time off work for an accusation of a coworker
     
  7. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    You should talk to your HR department as has already been said.

    Your damages came from the acts of your coworker and they amount to defamation. You could sue the coworker.
     
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  8. Zigner

    Zigner Well-Known Member

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    Is it the employer's policy to require such testing after such an event?
     
  9. Kim richard

    Kim richard Law Topic Starter New Member

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    Thank you for responding, im not wanting to cause more trouble or keep this going. Im just paycheck to paycheck working alot of overtime to be able to pay my bills. The sad part is the only one who pays for this is me, and now i find that theres no law to make them pay for anything therefore theres nothing to stop them from doing it again .
     
  10. mightymoose

    mightymoose Moderator

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    Unless you have accrued sick time there is no recourse. Your employer only has to pay you for hours worked. Do you have sick time you can cash in? If so, problem solved.
     
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  11. adjusterjack

    adjusterjack Super Moderator

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    Your employer took a reasonable precaution based on information and belief.

    Your recourse is against the co-worker who defamed you and caused the time lost from work.

    Sue the co-worker.
     
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  12. army judge

    army judge Super Moderator

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    Then move on and live your life.

    For your edification in the future, even IF such a law existed, just citing the law won't make you whole.

    If your vehicle were to be struck by a drunk driver while properly parked on the street in front of your home, it wouldn't be easy to have your vehicle repaired.

    The law doesn't stop a jackball or an evil person from slaughtering 100 babies sleeping peacefully in their cribs at a daycare center.

    The most any law can do is be applied proactively.

    There is nothing preventing you from speaking to an HR representative, your supervisor, your manager, or the HR manager about an evil coworker lying about you, and politely asking if the company would be willing to make you whole.

    If you desire not to do so, then you just move on and live your life quietly.
     
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  13. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    There is no law because the employer did nothing terribly wrong(1).

    The coworker, on the other hand, defamed you and did it in a way that cost you money. If you don't want this to happen again you sue the coworker. How much pay are you out?

    (1)I personally would have a major problem with the way the supervisor handled this if I was their HR department or their supervisor.
     
  14. cbg

    cbg Super Moderator

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    Let me ask you a question. How much time did you actually miss between when you were told to leave and when you returned with the doctor's release?

    It makes a difference to the answer.
     
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  15. Kim richard

    Kim richard Law Topic Starter New Member

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    I was sent home 8/22/19 ill return 9/3/19
     
  16. zddoodah

    zddoodah Well-Known Member

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    Very much this.

    And also talk with your HR department or your supervisor's supervisor. Telling you that you couldn't work solely because of a co-worker's apparently unsupported allegation that you "have a contagious disease" is piss poor management (even if not violative of any law, and I agree with everyone else that the employer violated no law).
     
  17. Zigner

    Zigner Well-Known Member

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    AGAIN - was the employer's response a matter of policy?
     
  18. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Even if it is, it is a BAD policy.
     
  19. Zigner

    Zigner Well-Known Member

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    Right - but it would affect whether a defamation claim could be sustained.

    EDIT: Let me clarify: Yes, I understand that this may be a matter of defamation per se, however, I believe that, if it's a matter of policy, then the other party may have simply pointed out that the OP needed to be tested for an infectious disease, as opposed to saying she has an infectious disease.
     
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  20. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    I'm just going by what the OP wrote.

    Even if the coworker just said our OP might have a contagious disease I would have a problem with the way the employer handled it. Cutting oneself on a filing cabinet doesn't usually cause one to get a contagious disease and when it does it means that someone else at the workplace had or has the contagious disease.
     

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