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A Doctor's Note for food poisoning?! Texas

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  • A Doctor's Note for food poisoning?! Texas

    So I work part time for a fast food place. I called in about an hour before my shift started because I had a really bad case of food poisoning. They want me to bring in a doctors note.

    Here are my problems with this...
    1. The symptoms started AFTER doctor's hours
    2. My employer does not provide health insurance
    3. I do not have health insurance
    4. The cost of seeing the ER would be 3 checks worth of pay from my job.
    5. Food poisoning only lasts 24-72 hours and is not contagious.
    6. My employer does not provide sick-days
    7. My employer doesn't allow even the managers to work full time.

    My question is this, does my employer have the right to demand a doctor's note, when they fail to make allowance for their ability to see a doctor?

  • #2
    Yes, they do. As the law currently reads (this will be changing over the next few years) they have no legal obligation to provide you with a means to see a doctor. However, they not only have the right, but in some cases the obligation, to require medical documentation. While this is not one of the times when it would be an obligation, it is still a legal for them to make the requirement.
    Last edited by cbg; 05-19-2011, 05:25 PM.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      I can understand your problems but the bottom line is it is still legal for your
      employer to require a doctor's note. Sorry.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        So you actually think you can sue your employer for asking you for a doctor's note???

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        • #5
          I have required notes from employees who work in food service with similar circumstances. What you think is food poisoning may not be. Before allowing someone with severe gastrointestional symptoms back into the kitchen, I want to know that they have been evaluated by a medical professional to ensure that they are not contagious.

          If you do not have a means to pay, public hospitals are required to treat you regardless of ability to pay or insurance status. There might also be free or low cost clinics in your area or urgent care centers which tend to be much less expensive than private practice doctors and hospitals.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            Most people who come to a legal forum are thinking in terms of lawsuits, so it's not really an unreasonable thing for eerelations to think.

            They have the right to ask for a doctor's note. You have the right to provide it; you also have the right to refuse. But if you refuse, you then gain the right to accept the consequences of that refusal, because the employer would then have the right to refuse to return you to work.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Just as an FYI to everyone, OP sent me a coarse, extremely abusive, hostile and grossly offensive PM. (I mean really really bad.) While I have received a few, erm, "impolite" PMs in the past, this particular one outdoes them all! (For those senior members who know WilllyJo, OP's PM makes Willls seem like Miss Manners by comparison!)

              I have reported OP.

              Just wanted to make everyone aware of this.

              Comment


              • #8
                Originally posted by eerelations View Post
                Just as an FYI to everyone, OP sent me a coarse, extremely abusive, hostile and grossly offensive PM. (I mean really really bad.) While I have received a few, erm, "impolite" PMs in the past, this particular one outdoes them all! (For those senior members who know WilllyJo, OP's PM makes Willls seem like Miss Manners by comparison!)

                I have reported OP.

                Just wanted to make everyone aware of this.
                Wow, for one comment he didn't like? He must be fun to have as an employee.

                Comment


                • #9
                  It's funny how people come here moaning about employer injustice and mistreatment. After a few posts and answers that aren't what they would like to hear, it's pretty easy to separate the ones who are really facing legitimate adversity and those who are just bad EEs that the ER would like to get rid of.

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                  • #10
                    Really?

                    Originally posted by ElleMD View Post
                    I have required notes from employees who work in food service with similar circumstances. What you think is food poisoning may not be. Before allowing someone with severe gastrointestional symptoms back into the kitchen, I want to know that they have been evaluated by a medical professional to ensure that they are not contagious.

                    If you do not have a means to pay, public hospitals are required to treat you regardless of ability to pay or insurance status. There might also be free or low cost clinics in your area or urgent care centers which tend to be much less expensive than private practice doctors and hospitals.
                    So because you make your employee's who work in food service get a doctors note, even though they cannot afford health insurance, may not have transportation to a free clinic or free hospital, (and 4,886,100 Texans(33%), don't have health insurance according to Texas Medical Association), they end up coming in sick, snotty noses, coughing, sickness all over the public food. Hiding their condition from you because they can't afford the loss of income or cost of getting treatment. Please, please let me know the name of your establishment so I can make sure NEVER to eat there. That is beyond disgusting and a complete disregard for public health.

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                    • #11
                      Das ist in der Doktor!

                      Originally posted by JR005 View Post
                      So because you make your employee's who work in food service get a doctors note, even though they cannot afford health insurance, may not have transportation to a free clinic or free hospital, (and 4,886,100 Texans(33%), don't have health insurance according to Texas Medical Association), they end up coming in sick, snotty noses, coughing, sickness all over the public food. Hiding their condition from you because they can't afford the loss of income or cost of getting treatment. Please, please let me know the name of your establishment so I can make sure NEVER to eat there. That is beyond disgusting and a complete disregard for public health.
                      Your failure to notice you are responding to a posting that is well over a year old is also
                      beyond disgusting. This is a law forum not a place for you to come with an infantile rant.
                      If you want to change something, GO VOTE ! insted of coming here to bit*h

                      Now go back to your dumpster and finish what ever it was you were doing
                      there are other people waiting in line to use the computers ya know.
                      And don't ever come back here and embarrass yourself like that again.

                      Good Day!
                      .._________________
                      ~ A closed mouth gathers no feet.

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                      • #12
                        Dumpster diving.

                        Originally posted by drruthless View Post
                        Your failure to notice you are responding to a posting that is well over a year old is also
                        beyond disgusting. This is a law forum not a place for you to come with an infantile rant.
                        If you want to change something, GO VOTE ! insted of coming here to bit*h

                        Now go back to your dumpster and finish what ever it was you were doing
                        there are other people waiting in line to use the computers ya know.
                        And don't ever come back here and embarrass yourself like that again.

                        Good Day!
                        .._________________
                        ~ A closed mouth gathers no feet.
                        LMAO.....you berate me for responding to a thread over a year old, that I did enough research to find....yet you respond within hours of the posting. Me, I can say I was looking for the law to support public health, you on the other hand have no life, and even worse no vocabulary or legal opinion of worth. Dumpster? Really? What did that education cost you. Probably the comic book you ordered from.

                        Stick to the issue, not your opinion. As for my vote, my candidate is enforcing healthcare for everyone. No matter what the Texas Govenor wants. Again, the issue is public health at the cost of employer's overstepping common sense in the pursuit of greed. In the case of my posting a franchise owner profiting off the minimum wage workers in any way he can. Not offering anything beyond what the law requires. Not offering healthcare, bonus structures, educational scholarships, and not even offering safe food to the public. Oh, and he's a good southern Christian, putting "Have a blessed day" at the end of every communication.

                        In the case of the food chain in question, I personally know it is NOT the food chain's practice to require doctors notes for sick employee's. I know and have worked with other franchise owners of the same chain through various youth organizations. This owner will learn very fast what public opinion can do when you get greedy and put the public health at risk. Just like juries can over ride bad laws and greedy firms.

                        Get a life or go back to your other late night computer pursuits. Oh, and get off the computers at Radio Shack and go buy one of your own. Some people actually buy them and don't have to wait in line to use them. Though anymore you can post through your computer, tablet or smartphone. Sorry....didn't mean to speak technically over your head.

                        I'll dumb it down. Go to Walmart, buy computer. Spread opinion as fast as you can type. There is a backspace key by the way.
                        Last edited by JR005; 10-02-2012, 07:01 PM.

                        Comment


                        • #13
                          Originally posted by JR005 View Post
                          So because you make your employee's who work in food service get a doctors note, even though they cannot afford health insurance, may not have transportation to a free clinic or free hospital, (and 4,886,100 Texans(33%), don't have health insurance according to Texas Medical Association), they end up coming in sick, snotty noses, coughing, sickness all over the public food. Hiding their condition from you because they can't afford the loss of income or cost of getting treatment. Please, please let me know the name of your establishment so I can make sure NEVER to eat there. That is beyond disgusting and a complete disregard for public health.
                          We request you don't post to dormant threads (this one qualifies). This is not an opinion board but a board to ask legal questions. If you have a legal question, please start your own post.

                          Comment


                          • #14
                            Please do not post to old threads or insult other posters. If you have a question about something someone posted long ago, message them privately. If you have a beef with someone on the board. refer it to a moderator.

                            Let's keep this place civil and helpful to others who happen by. If you want to get into a flame war, there are plenty of other places online to do it.
                            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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