Hello, I am a server at a popular restaurant chain. I have a perfect record with this company. Good performance reviews, no write-ups and no written/verbal warnings. Recently, I called in due to being sick. I was sick but my manager doesn't believe me. They have never required sick notes or any type of verification. However, my director directly inferred that since I was calling out that I would lose hours (and therefore wages) because of this. I have no track record of calling out and she has no evidence of me not being sick. She talked to multiple employees behind my back and inferred that I had falsely called out and therefore libeled my name. I have now begun to lose hours at work because of this incident. Do I have any grounds for any type of legal action against my employer?

What is the policy for calling out? Did you follow proper policy?

Unlikely, because you are an at-will employee. They CAN require anyone to present proof when they suspect someone is abusing their sick leave policy. And they don't have to do it for everyone every time. As J_9 mentioned its probably mentioned in their policy at HR, and even if its not, they can still require it.

I'm going to be a bit harsh here... but if you try that rhetoric.. expect to find yourself out of a job soon. I'd recommend NOT even mentioning that to them OR any coworkers. Word has a way of getting around.

And the rest of the stuff you mention... isn't illegal. It happens every day at every company everyplace. In fact the lower skilled the job, the easier people are to replace..the more common it is. And as a server, there is a VERY high turnover rate. And its a common first job for someone to have. It was the first job I ever had and only did it a few months before moving on.

That's been the case at every employer I've worked for (7 so far) since 1980. As well as every one my wife has worked at.

I see no real action. There has been no real tort breach.

They are free to give or take hours for any (or no reason) There must have been some reason they did not believe you, and if they wanted verification, why did you not merely provide it. Also have you asked to speak to the human resourse department of the corporation?

While they may have talked to people behind your back, or they may have also merely inquired what they other employees new about your absence, The issue of hurting your name, at work, with a few employees has no real monetary damages.

So at this point I see no legal action available.

(I think you mean she implied, not inferred.)

No, you have no legal action from what you say here. It's a little puzzling that an employer would go to all the trouble to talk to others about your sick day. The only reason I can see is that it was a VERY busy day such as a holiday or the Super Bowl, etc. And you don't say how long you have worked there.

"..she has no evidence of me not being sick.." Oh my, have you got it backwards! An employer has a right to know exactly what your illness was, and even proof, because their liability insurance carrier will usually demand it, and fellow employees have a right to not be subject to contagion or some other harm from you. Something as simple as vertigo could cause you to fall down some stairs, drop a load of dishes all over a customer, or pull a rack of dishes over on top of someone. And remember Typhoid Mary? Not suggesting you have typhoid, but there are other disease concerns, especially in food service.

From my own experience... (and knowing several Restaurant owners very, very well), I think there is more to this than we are being told.

First the libel. Unless you can prove that talking to your co-workers has financially damaged you, forget that part. Unless they have control over your hours, that is not likely to get you anywhere.


If you can prove you are being discriminated against because you used sick leave. You might have a case. But proving that is going to be next to impossible.