You're damn right I didn't order a code red!
ABL has resurfaced from trial (which was resolved without the need for a jury). ABL was asked by the Court to represent a pro se person at trial in an FMLA action. The plaintiff was fired while on sick leave for being AWOL because, after he attended a training session, his employer called his doctor and got a revised doctor's note -- and then attempted to require the plaintiff to return to light duty. The plaintiff and his employer played phone tag -- and a day after plaintiff called his employer, he was unable to reach his supervisor, and was then deemed AWOL from light duty and charged a few days later.
At trial, the supervisor admitted that plaintiff was never scheduled to work light duty, and that he was never ordered to do anything and that the supervisor was not going to schedule plaintiff for light duty until he spoke with plaintiff, which he never did. In other words, if plaintiff was not scheduled for light duty and never ordered to do anything, he could not have been AWOL and could not have refused an order (none was given).