Am I being harassed

UPDATED: Oct 1, 2022

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Am I being harassed

I got sick and was unable to make it to work so I took a sick day now rather than having a 40 hour work week or more which it has always been that way since I was hired they have taken me off the schedule for the exact day which that I was sick which was Thursday and the manager has taken my hours in apply them to her work schedule so rather than having y usual 2 days off for the past 3 weeks now it’s 3 days off I got sick on a Thursday they have not allowed me to work Thursday since this is happened.

Asked on December 6, 2018 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you had and used a sick day, they could not do this: a sick day is a benefit you work for (like part of your pay) and the employer cannot punish you for using compensation/a benefit you earned. You could, in this case, file a complaint with the department of labor (who may be able to help you) or sue your employer.
But if you did not have and use a sick day, and also do not have a contract in some way guarantying you the right to call in sick the way you did without penalty, there is most likely nothing you can do. There is no inherent right to miss work for illness or because you are sick, unless you have earned/accrued sick days or a contractual right to call in sick; therefore, if you called in sick without those things, your employer could legally take action against you, such as reducing your hours.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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