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Punishment for sick day, etc. California

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  • Punishment for sick day, etc. California


    I have worked full time at a small retail location in San Francisco since January of this year. I called in sick for the 1st time last Wed. with a serious stomach flu and missed a single day of work. My co-worker covered for me, and fell sick with the same flu (she's also my roommate so she was bound to catch it) that Friday mid-day. Both myself and my co-worker (home sick) got calls that day threatening our jobs if she was not back at work by Sat. (She was the only one available to work that day.) The call was so verbally abusive and intimidating (mind you my job was threatened over my co-workers illness) that i quit on the spot. She was afraid of retribution and she went to work that Saturday still obviously sick and with a fever.

    I have several questions:

    1) Can I file for unemployment based on hostile work environment? what exactly falls under this category?

    2) Is it illegal to threaten employees for being sick, and if so, what steps can we take?

    3) Can they retro-actively demand a doctor's note after someone has reported back to work?

    4) If they make my co-worker's (roommate also) life hellish because she was sick for a day or because I quit, what protections does she have?

    5)Is it illegal to have bullied/forced my coworker to work while ill?

    6) Also, we are being paid by personal checks without our specified tax deductions being subtracted what can we do about that? We have repeatedly requested for this to change, we don't want to get paid under the table, yet we are denied this. Who do we report this to?

    7) Since i quit on the spot on Friday when should i expect my last paycheck? my regular paycheck should be the following Friday.

  • #2
    1.) No. I would not anticipate that quitting for this reason would make you eligible for unemployment benefits. Unless you are being subjected to either sexual harassment or illegal discrimination under Title VII (race, religion, national origin etc.) you are not, legally, in a hostile work environment. I will be very surprised if you are granted UI.

    2.) No, not under the circumstances described. FMLA provides some protections, as does the ADA, but neither would apply here. He may legally yell at you, unfair as that may appear.

    3.) There's no law that prohibits it. I can't see what the point is but it's not illegal.

    4.) None. Taking a sick day, outside of FMLA or the ADA (and as above they do not apply here) is not a protected activity under the law.

    5.) No.

    6.) Your state DOL.

    7.) Since you quit they have 72 hours to provide your final check.
    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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