Can an employer force you to go home when you are not sick? My friend was just forced to leave work because she was crying in the bathroom before work started, is this a legal reason she can be forced to go home?
3 Answers from Attorneys
An employer can't force an employee to go home, in the strict sense. Usually, though, an employer can demand that an employee leave the employer's premises. The exceptions would be instances where the employee was under a union contract or possibly a government rule which limited the employer's discretion to determine work rules, conditions and schedules. Among other things, the employer may have very valid reasons not to want an emotionally distressed employee at work. Not all sickness is caused by germs.
If the employee was emotionally unprepared to work that day, that would be a perfectly legitimate reason to send someone home.
An employer can send an at-will employee home at any time for any reason that is not based on illegal discrimination, such as race or age.
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