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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 2 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.
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