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At my last job I work in a very small interior office with a fellow from Russia. This man did not shower and he smelled really bad. He would also pick his ears and look at the wax all day. He would cough without covering his mouth literally on the side of my face. He also did a host of other groos stuff.

I went to my manager several times to complain about this and nothing was ever done. Eventually I started to see a shrink about the situation which cost me money. Then one day I could not take it anymore and I told management that I could not work in the office anymore because I am getting mentally and physically ill. They did nothing so I left.

Now I am fighting to get my unemployment benefits and I am broke.

This man scared me mentally. Management did nothing about the situation until it was too late. My wife and I would fight because of the built up stress from every day. What can I do?

2007-07-16 10:41:08 · 12 answers · asked by bonesmcblack 1 in Politics & Government Law & Ethics

12 answers

Your case sounds very weak. For one, you could have requested a transfer, or requested your desk to be moved to avoid contact. Secondly the grounds for your mental anguish are nonsensical. A company is only going to fire someone if they break company policy to a severe degree, not becasue you didn't like how they smelled.
It sounds as if you did not use good judgement dealing with this work issue.

2007-07-16 11:44:48 · answer #1 · answered by Anonymous · 2 0

If you get black balled by a Company Manager you might as well hang it up, because they will make your life so miserable you'll have to quit. You can't draw unemployment for so long if you legally quit your job. If you can prove what your saying about talking to them and they would not get you out of harms way than you can sue them for Mental Anguish on Job. You can if again you can prove it go to the Labor Relationship Board and if they believe it harmed you, they will go out and check everything out and make them pay you for time lost and rehire you. But being made to rehire you , they can make your life miserable by just totally ignoring you without promotions or raises and they will find a reason to fire you. If you get fired off of a job then can draw your unemployment right off the bat after investigation is done by the State.
I worked when I was going to college in A Company Employee Relations Company Dept.

2007-07-16 10:57:17 · answer #2 · answered by Anonymous · 0 0

What you need to do is contact the Human Rights Commission branch of your state government. They all have such departments although the name may vary slightly. You need to file a formal written complaint outlining exactly what happened. Then there will most likely be a telephone hearing with you and him both giving testimony. There are no attorneys involved in this process. If you get a ruling in your favor, the door is wide open for you to sue in your county's district court based on the Commission's rulings. Document everything accurately because the more you do, the more credible your case becomes in both admintistrative hearings and court. Good luck to you and don't put up with that sh*t!!!!

2016-04-01 07:27:30 · answer #3 · answered by Eva 4 · 0 0

You really can't do anything. You quit so that will probubly make you ineligable for unemployment as well. If they don't have a policy or guidlines about personal hygene and dress code that they went over with you and you signed papers then they probubly don't have guidlines for that. So unfortunitly you can't do anything. If it were a bigger company you may have been able to climb the ladder and complain about this, because a lot of companies have guidlines. Sounds like this is a small company and unfortunitly there isn't a lot you can do especially now that you quit.

2007-07-16 10:51:38 · answer #4 · answered by Maalru3 6 · 0 0

You could have used that as motivation to get out there and find a better job. You could have spoke to the guy directly, maybe he didn't know he was gross.

The fact that your employer did nothing makes me think that they thought the problem was with you. They wouldn't have wanted to work with him if he was as bad as you say.

If the guy didn't touch you or make any threats, I don't think you have a case.

I don't mean to sound harsh, but maybe some more counseling is in order. You could learn some better coping skills, walking out in anger is not a good choice.

Unless there is a huge piece of the puzzle you left out, it sounds like a very frivolous lawsuit. Most of us out there have had to deal with far worse at work than a stinky gross guy. I hope that you would not waste peoples time and money with this.

2007-07-16 11:12:18 · answer #5 · answered by Anonymous · 0 0

I'm sure you won't like this opinion, but I generally oppose most types of civil lawsuits.

Civil lawsuits generally result in the most unfair decisions and damage awards imaginable, and make a mockery of the justice system. Anyone with a hangnail can sue anyone they please.

I'm sorry, but unless you could prove the employee was in violation of some health code, in court, then you are wasting other people's time.

Life is unfair and sometimes you just have to deal with it.
Your chosen course of action will make the world even less fair. My biggest fear in life is being sued by someone and having my livelihood taken away for no good reason.

2007-07-16 10:47:00 · answer #6 · answered by askthepizzaguy 4 · 1 0

You must have a lot of mental anguish. Or you are just greed. First you want to sue your neighbor and landlord for mental anguish, now your boss. Boo hoo. I lived next door to a jerk who would blare his music 10 hours a day because he thought it was funny. Did I sue? No I moved. So move and get a new job. Let the courts handle serious problems, not frivolous lawsuits.

2007-07-16 12:01:56 · answer #7 · answered by Anonymous · 0 0

Unfortunately, just because you CAN sue someone, and in most cases, you can, doesn't mean you SHOULD. You can go ahead and spend the money, and I'm sure there's a lawyer who will take the case (for about $200 an hour), but unless you can directly prove that this nasty dude caused you damage, you're out of luck.

2007-07-16 10:51:47 · answer #8 · answered by Hillary 6 · 0 0

hmm..that guy seem nasty and inconsiderate...not sure if you can sue your employer over his nasty habits but consult with a lawyer and see what they tell you. You can't get unemployement if you leave your job volunteering. You only get it when you're either fired or was lay off. Hope this help.

2007-07-16 10:47:32 · answer #9 · answered by cyndie_vue 2 · 0 1

Your story is the stuff lawyers' wet dreams are made of.

2007-07-16 10:51:12 · answer #10 · answered by Lavrenti Beria 6 · 0 0

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