California  |  Business Law

Legal Question

Asked on: 4/20/13, 3:48 pm

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?

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Answered on: 4/20/13, 11:29 pm by Bryan Whipple

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.


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Bryan R. R. Whipple, Attorney at Law P O Box 318 Tomales, CA 94971-0318

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Answered on: 4/21/13, 8:16 am by Carl Starrett

If the employee was emotionally unprepared to work that day, that would be a perfectly legitimate reason to send someone home.


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Law Offices of Carl H. Starrett II 1941-C Friendship Drive El Cajon, CA 92020-1144

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Answered on: 4/21/13, 10:36 pm by Timothy McCormick

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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Libris Solutions - Dispute Resolution Services 201 Spear St., Suite 1100 San Francisco, CA 94105

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