What is my recourse if my boss wouldn’t let me leave work and I had a stroke?
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What is my recourse if my boss wouldn’t let me leave work and I had a stroke?
One day at work I was not feeling well and told my boss I needed to go to the ER. He strongly requested that I stay at work as we were conducting an interview with a nurse practitioner. I
did. After the interview I told him I was going to the ER as I just didn’t feel right. At the ER I found out I had a stroke/TIA. And spent 4 days in the hospital. I have no physical residual,
but I am unable to do my job anymore as I can no longer handle very stressful situations. I was a director or nurses and made $80,000 a year. I now am a staff nurse working part-time and maybe make $45,000 a year.
Asked on June 17, 2016 under Personal Injury, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You have no recourse against your boss unless he physically restrained your or locked the door so you could not exit or used threats of violence. Otherwise, while he told you not to leave, you *could* have left--you could have put your health ahead of your job and walked out and gone to the ER. By choosing to stay because your boss asked you to, you made a voluntarily choice to prioritize staying in your boss's good graces over protecting your health; having made that voluntary choice, you cannot hold your employer accountable for the consequences.
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