Can I sue my employer for health code violations?

About an hour into my shift at this chain restaurant, I began to violently throw up. I threw up four separate times in the bathroom, twice in the garbage, and once in the sink. My supervisor witnessed two of these events. However, when I asked to go home, I was told by my supervisor, manager, and the owner that I couldn’t go, even though it’s a health code violation. They also want me to come in tomorrow for a 9 hour shift while I’m still sick.

What can I do about this? Do I have any options? I’ll be contacting the local health department tomorrow, but other than that I would like to know if I have other options such as suing or otherwise.

7 Answers

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  • 6 months ago

    Your other option would be to not go in while you are sick, which is what you should do. What reason do you have for suing? Because he asked you to work? If he asked you to jump off a 50 foot bridge, would that give you reason to sue him? If you have no cause to sue him, then how are you going to manage to do that? Definitely do call the Health Dept.

    Source(s): Certified Paralegal, with 25+ years' experience & with Employment law experience.
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    Lv 7
    6 months ago

    You apparently are well enough to post here, so get your azz back to work!!!

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  • 6 months ago

    Try as you might and hold onto your vomit and be sure to puke while serving a meal to the customers. Then loudly state that you told your boss you were sick, he saw you puke previously, but you will lose your job if you go home sick.

    Watch what happens. You will be sent home. Maybe for good. But, at least you made your point.

    You cannot issue a health code violation. Only the health department can. You can, however, call the labor board and discuss how you were witnessed puking and still made to work and scheduled for a long shift the next day.

    Some bosses/managers are on such a power trip, holding your job/your income in the palms of their hands and they often abuse the power. I would tell your manager's boss that you were made to stay and serve customers between times of vomiting.

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  • 6 months ago

    You can quit and look for a new job but it is highly unlikely that this will turn into a "payday" for you.

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  • 6 months ago

    You can go home anyway, and then not show up for work. Then you can get fired.

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  • 6 months ago

    You don't have legal standing to sue your employer over health code violations.

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  • 6 months ago

    first contact your doctor. You will have to prove you are actually sick and didn't make yourself barf to go home early.

    Puking at work is one of the most obvious scams to get out of work.

    If you ARE actually sick, a doctors note will help your case.

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