Can a boss make you go to the emergency room and have a fit for duty filled out when you verbally tell them that you are fine?

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Can a boss make you go to the emergency room and have a fit for duty filled out when you verbally tell them that you are fine?

I had a migraine the night before and I just made a comment that I would go to the doctor after work. My boss said that she needed me to go right then even after I said I was fine. Is this legal?

Asked on October 1, 2015 under Employment Labor Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, your boss could make you do this. The fact is that most employment relationships are what is known as "at will". This means that an employer can set the terms and conditions of the workplace much as it sees fit or deems necessary (absent company policy, an employment contract or union agreement to the contrary). Consequently, so long as your treatment did not constitute some form of actionable discrimination or retaliation (which it does not appear to), your boss was well within their rights to send you to the doctor to be checked out.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, it is legal, because all employment (unless you have a written employment contract) is "employment at will." That means, among other things, that your employer can put any conditions, terms, rules, etc. it wants on employment, such as that if you tell the employer about a medical condition, you have to leave work and must get an ok from the doctor, etc. to return.


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