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    sayala0729's Avatar
    sayala0729 Posts: 1, Reputation: 1
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    #1

    Jan 26, 2013, 11:03 AM
    Do I have case for unsafe work environment?
    I worked for a company where I was constantly being harassed by the employees they would go use my bathroom, and spread human feces around the toilet, they would take my food out of the refrigerator,they would spill soda on my desk, they would call me names " purto rican bicth", they would take photos of themselves wearing females brass and take picture of themselves which I would have to look at when I were to upload the photos and they would take photos of a technician taking a dump in a bucket, completely naked form the waste down. MY boss would make me work in the office when the sewage will back up in the bathroom, it would smell so bad for 3-4 days and he would refuse to let me work from home, it was so bad that I would get a headache and when I went to the chiropractor to get treated for the headache I got into an accident, on my way back to work.

    I was so stressed out I develop a drinking problem, I was drinking everyday, I could not deal with the stress at work. I told my boss if he did not do something I was going to get an attorney, he turned around and fired me for stealing money, which is not true, he set me up to get fired, the man who was harassing me quit his job. Do I have a case?

    Thanks
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Jan 26, 2013, 11:38 AM
    All such cases are very difficult and often take years to resolve, and don't usually get you anything like money or your job back. There is no easy place to start either - dept of labor, OSHA, hire a private lawyer for a lot of money?
    If you want to get back at them, call the health department about the bathroom.
    The pictures? No way. You didn't have to download them.
    Taking your food? Even Wall Street brokers steal each other's food.
    Spill soda? Nope, too isolated, no proof, not serious sounding.
    Feces around toilet? If you didn't take pictures, it's your word against theirs.
    Sewage backup, you could have called the Health Dept.
    Accident on way back with headache? No, you have no proof it was related.
    Drinking problem? ABSOLUTELY not. I've worked in some horrendous conditions and didn't drink. I quit.
    See that's the problem - you could have just quit. If it were a gov't job, you'd have all sorts of recourse, but a private employer, you quit. You have a lawsuit if something happened you couldn't foresee, like you inhaled chemicals or a fire exit was blocked.
    The best I can see is a call to the Health Dept just to get them in trouble, but for all you know they are already paying the inspectors off.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jan 26, 2013, 11:50 AM
    No you don't have a case for unsafe work environment. But you may have a case for sexual harassment and discrimination. See an attorney and show him what proof you have and they can tell you if you have enough for a case.
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #4

    Jan 26, 2013, 11:59 AM
    You do have to be able to substantiate any charges you file. Sounds like there are some elements of sexual harassment in at least some of their actions and that is one of the elements of sexual discrimination, which might be subject to investigation by the Equal Opportunity Employment Commission (EEOC), if you are in the U.S.
    I have heard but never been able to determine for sure, that the EEOC only handles cases where more than 15 employees are employed.
    Maybe some of the other employees would act as witnesses now that the main troublemaker is gone?

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