Legal Question in Employment Law in California

A man was brought into my work building by another person (who happened to be a paramedic) saying that he was having chest pains and needed a place to sit while they call an ambulance. Our supervisor grew very upset saying we should have told the man to wait outside because now the company is liable. She said letting him sit down was the wrong thing to so, is she right?

Asked on 1/17/13, 11:50 am

3 Answers from Attorneys

Betty Tsamis Tsamis Law Firm PC

Your supervisor needs a lesson in human kindness. You did nothing wrong but rather, you should be applauded for helping someone in need. Wish there were more people like you, and less like your supervisor, in this world.

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Answered on 1/17/13, 12:34 pm
Roy Kohler Law Offices of Roy Kohler

Your supervisor appears to be wrong on both counts. She also also needs to shape up as a human being. If I were you, I would try to find employment elsewhere. Wouldn't want to work for her kind of person.

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Answered on 1/17/13, 12:38 pm
Charles Perry Law Offices of Charles R. Perry

Your supervisor is incorrect. While I understand her concerns about being sued, basic human decency should trump those concerns in cases like this.

If your supervisor is truly worried about liability in this type of situation, she should educate herself on the issue. Under California Health and Safety Code Section 1799.102, your company would have liability in this situation only if its actions constituted either gross negligence, or willful or wanton misconduct. Giving someone a place to sit while waiting for an ambulance is neither.

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Answered on 1/18/13, 12:09 am

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