do i have a case for wrongful temination?

Question

my employer used a product that i was deathly allergic too I left him a note saying so but he used it anyways and when i came to work the fumes caused me to have a severe allergic reation and ended up in the emergency room. now im fired. do i have a case?

Answer 1

Yes. Contact your department of labor, osha, and your attorney general. Did you have a Dr.'s note? Did your employer actually see this note?

Answer 2

It all depends on a lot of factors. First of all if you are in the U.S. you have the right to call OSHA regarding this. They are the arm of the government that protects the safety and health of the workers.

But in regards to your termination:
Do you have a copy of the date and time you left the note and what was stated on the note. It would depend on who the note was given to and whether they kept the note or not and whether it was clear.

For future reference, the way to protect yourself is to get a doctor's note stating that you cannot work around certain products and it needs to be given to the human resources department, not the supervisor. I know it's expensive to go to the doctor, but that medical note creates a reason to need a reasonable accomodation for you in the workplace. Also make a copy of the note and ask the HR person to sign your copy of the note with their initials and the date and time they received the note. The human resources department will have to see if a reasonable accomodation can be made for you. If it can, then the supervisor must work around this issue. If not, they may find out that you are not medically able to work there and if you are not medically able to work there, at least you won't be exposed to certain fumes or chemicals. The worst thing you can do is not notify your employer though. The employer has a right to know you cannot work around certain chemicals.

When you went to the emergency room, did you notify the supervisor properly? Did you have him call someone for you or did you just leave and tell someone you were leaving. If your supervisor was not aware when you left why you were leaving, it can be considered walking off the job.

I'd recommend going into HR and explaining this. Perhaps you can still get your job back. If not, you might want to consult a reputable attorney. But bear in mind that even if the attorney wins, you may be subject to paying the court costs and attorneys fees.

At the least, I'd file for unemployment! You have nothing to lose by doing so.

Answer 3

There is no competent way anyone in this Yahoo medium can answer your question. If you're serious about finding an answer it requires consultation with an attorney. In order to determine the strength of anyone's case in something like this, it is also necessary to know what the employer is claiming in their defense. All the facts, from both sides, have to be objectively regarded before an attorney can give you your money's worth of advice.

Answer 4

I would report the employer to a Hazardous Health agency for inspection or the FDA. Usually an employer is required to give an employee a 1st warning of a potential problem, then a second warning and the third warning is cause for termination.

Answer 5

Are you trying to say that you had an allergic reaction to his cologne or after shave?

If you are that sensitive, you are going to have problems anywhere you go.

Answer 6

I would consult an attorney to be for certain but it sounds good that you could

Answer 7

Yes, unless your job is manufacturing/physically making this product.

Answer 8

If you can prove wrongful termination. He may say it was for another reason. Always cover your ***.

Answer 9

You don't say WHY you were fired.

Love, Jack.