Dallas, TX asked in Business Law, Personal Injury and Employment Law for Texas

Q: Just recently I was in a car wreck and taken to the hospital. I called my wife at work and told her what all happened.

My wife reported what happened to her boss and told him she had to leave to check on me. He refused to let her go. Can he do this? And does it violate the fmla?

1 Lawyer Answer

A: fmla only violated if she puts in the paperwork. This is America--you think it violates a law to not allow an employee time to go to an emergency room? If she left, was fired, she could argue it was not wilful misconduct because she was reacting to an emergency. That's about all the law does for her.

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