Some legal/work advice, please?
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kristin31
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Location: Caught in the crossfire of childhood and stardom
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 Posted: 12/10/05 - 11:48 Post subject: Some legal/work advice, please?
I have a big problem. The office in which I work has 12 year old moldy carpet. Really, really moldy. Everyone who walks in there for the first time says something to the effect of "Oh, God, it stinks in here."
There is also some black mold growing on the wall.
I am allergic to mold, as is my employee who shares the same office. I have the medical records to prove it from my allergist in Ohio. Every morning when I go to work, I feel fine. By about noon, my eyes are running, my nose is stuffed, and I start coughing.
I talked to the property manager (who is a cdertified a$$, BTW). He refuses to do anything about it. We have been leaving the AC on and the doors open, so that the AC dries out the carpet and the fresh air alleviates the odor. Two days ago, he told me to either shut the doors and turn the AC on or open the doors and turn it off. I explained that the carpet was moldy and he replied "The only reason that it is moldy is because you have the doors open." I tried to tell him that the carpet has been moldy before we started doing this, which is about a month ago, and he ignored me and walked out the door while I was trying to explain that it was a health hazard.
So, yesterday, we had the doors open, A/C on again. He walked in, and said "This is the last time that I will tell you about this. Shut the doors or turn the A/C off". I told him that the office was a health hazard, and said he wasn't going to ruin a new air conditionier because of it.
About 15 minutes later, he called me into his office, and said "When I tell you something, I xpect it to be done. I am the boss, and you listen to me. No backtalk, you listen. I don't tell people things twice. They listen to me, because I am the boss."
I said, :But it's moildy and a health hazard"
He said, "Look, I just told you what I say goes. There is no mold. I'm telling you because I am the boss, and because you are talking back, I am writing you up. Bring me your personnel file".
I told him that I wouldn't sign it, and that he couldn't write me up for complaining about mold. He siad again, "I am the boss. If I hear you tell anyone about this, or hear you talking behind my back, or talking back to me, I will fire you so fast that your head will spin. If you don't like this, go work someplace else. I am in charge, and you will listen to me or you can get the hell out and go work someplace else".
He never gave me my file back, and I left work for a while, upset, then came back.
First, he is technically not my boss. If he is, no one ever told me that I reported to him. Secondly, you cannot write someone up for complaining about mold. Third, this is ahealth issue. Fourth, he is a rude a$$ and I am not going to be talked to like this.
I called OSHA, and am waiting for a response. What else should I do? What if he fires me for calling OSHA? I hate this place, but am trying to stick it out until Christmas bonuses (which I doubt that I will get now) are distributed.
Larry is really, realy mad, and wanted to go break his kneecaps (his words, not mine.) Actually, he found someone to do it for him. But then he wanted to go beat the crap out of him. I got him talked out of that.
He is going to call the owner on when he arrives back in town and let him no what kind of liability this guy is setting him up for potentially.
I am NOT a greedy "I'll sue you" type of person.
But it can't be leagl to write someone up for complaining about mold in an office, or to fire me if I call OSHA and get them out here.
For the record, I have NEVER, EVER been written up at any job I have ever had in my life, except for this time back i my restaurant days when I busted a manager doing cocaine off of the safe, and then that got ripped up when another manager found out what happened.
I am a little less upset than yesterday, but I am still shaking. I know you can't treat people like this. ANy ideas? I am obviously going to keep trying OSHA, but it's hard when you share an offfice and other people keep walking in, including him. I have tried from home, but it seems to be one of those "leave a message we call you back" but only from 8 - 4.
Any ideas? I am so upset. I am sure that once I calm down that I will think more clearly, but I could use and would appreciate some advice right now.
Thank you.
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sonnylax
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Posted: 12/10/05 - 11:55 Post subject:
I say bust his kneecaps. That will show him.
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brie k
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Posted: 12/10/05 - 12:03 Post subject:
This falls under Title 29 of the Code of Federal Regulations. You need to look at this section and see what you can find there. I'm leaving for a family get together soon, but I can look at it tomorrow and maybe we can see where to go from there.
Check out this website: http://www.gpoaccess.gov/cfr/index.html
You can do searches on mold, but what we need to find you is a regulation stating that the employer HAS to fix it. I am not 100% sure this exists, to be honest. I read something that was a guideline reagarding mold in the workplace, not a mandate.
I will look into this more tomorrow.
Sorry you have to deal with this.
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airehead
Oompa Loofah
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Posted: 12/10/05 - 12:06 Post subject:
I am no help. sorry. Truly bizarre behavior on his part.
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Ms. Jenn
Fresh, Hot & Wild
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Posted: 12/10/05 - 12:18 Post subject:
Sounds defensive to me, he's had that complaint before.
TAKE PICTURES. If you have a key, have Larry and your other coworker go with you with a video camera and pull up a piece of the corner to prove the mold. Call the news/newspaper, have them go with you afterhours.
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kristin31
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Posted: 12/10/05 - 12:41 Post subject:
| sonnylax wrote: | | I say bust his kneecaps. That will show him. |
Larry is NOT going to do that. He is a southern gentleman in every respect, and exremely pissed of that anyone would dare speak to his wife in such a fashion. He doesn't get mad very often at all, but the one way to make him upset is to do something to make me sad/mad/cry, whatever. He was brought up to believe that you don't ever insult a lady and if you do, then you are made to understand that. Larry actually scared me last night, because now that he has his health back and has been working out, he is capable of this. Like I said, he does not usually get mad at all (and the people on the site who have met him can vouch for him), but when he does, it's not good.
I got him calmed down eventually.
More seriously, I am concerned about my health working in this place, the fact that they won't do anything about it, and now I have been written up? Not for performance isues, but for complaining about mold? I am a good employee. No employer has ever had a problem with me. I have excellent references from prior employers, and my former boss/mentor from Price Waterhouse Coopers and I have stayed in touch and she always gives me glowing recommendations. I do my job well, I always look for methods to improve existing processes, and put in more e than my share of hours. I keep up with changes in accounting standards and new developments in financial software, and I am alway willing to help people out with questions or take on additional projects as needed. I am NOT a slouch.
However, I think that I deserve a healthy workplace environment.
Brie, thank you for the website. I am going to check that out today. I am concerned that if I get OSHA to come out that I will be fired. Unfortunately, my husband manages the restaurants that are owned by the owner of the resort. The owner knows nothing of this new development to my knowledge. My husband is going to talk to him about this mess. Since both companies are affiliated, you can see how this can be a difficult situation. And, again, this guy was NEVER my boss before. My boss if the VP of the company. I don't think this guy has the right to even do this! My boss (at least the one that I report to and the person who hirted me and gave my my raise last year) was in Miami for a business meeting yesterday so I have yet to talk to her about this too. This guy is the property manager. I have nothing, in any capacity to do with running the property. I am the controller. I do numbers, and look for ways to improve our current reporting.
I think that there is also a different standard down here than there is in the rest of the country. HAd you told me three years ago that I would be dealing with a situation as ridiculous as this I would have laughed at you.
This is like a third world country. Most of the employers count on people that are new to this country and don't speak English, or who are just uneducated bums, so they are unaware of labor laws and employee rights and workplace standards. To the point of working people extra hours and not paying them O/T even though they are hourly, because the employees don't understand enough English, let alone labor laws to understand that they are entitled to this. Benefits? What benefits? Larry and I both have insurance, but most of these people don't know that it can even be offered to them.
If you don't believe me, live here for a few months. Even easier, read a book by Barbara Ehrenrich called "Nickled and Dimed". She spent some of her time doing research by working in the Keys. What she writes is true, and enlightening.
I just want to be able to breathe when I go to work and not be written up for complaining about it. I don't want a black mark on my performance record or be inelegible for a reference because of some a$$ who thinks he is god. He is a big fish in a small pond, and there are a LOT of peopkle like him down here. If you transplanted them to the real world they'd be on the street washing windows for quarters.
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Gogirlgo
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Posted: 12/10/05 - 13:32 Post subject:
You could also speak to your local EEOC. You can't be discriminated against for your sex, your age, your race, and I imagine health concerns (think ADA) fall under this, too. They have to accommodate your needs. If you were in a wheelchair and they hired you, they'd have to put in a ramp if it was a matter of steps. If you have a health allergy, they have to address it.
This guy is acting in an extremely short-sighted manner. Is he the absolute head of everything? B/c I wonder if a talk with someone above him, medical records in hand, wouldn't change things. Good luck.
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megawill
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Posted: 12/10/05 - 14:56 Post subject:
| Gogirlgo wrote: | You could also speak to your local EEOC. You can't be discriminated against for your sex, your age, your race, and I imagine health concerns (think ADA) fall under this, too. They have to accommodate your needs. If you were in a wheelchair and they hired you, they'd have to put in a ramp if it was a matter of steps. If you have a health allergy, they have to address it.
This guy is acting in an extremely short-sighted manner. Is he the absolute head of everything? B/c I wonder if a talk with someone above him, medical records in hand, wouldn't change things. Good luck. |
yes, i think that this could potentially fall under ADA if you have a medically documented mold allergy...employer will need to provide 'reasonable accomodations' for that condition, which could be debated in a court of law, but new carpet would seem to be a reasonable accomodation in this case..
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megawill
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kristin31
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Posted: 12/10/05 - 15:09 Post subject:
| Gogirlgo wrote: | You could also speak to your local EEOC. You can't be discriminated against for your sex, your age, your race, and I imagine health concerns (think ADA) fall under this, too. They have to accommodate your needs. If you were in a wheelchair and they hired you, they'd have to put in a ramp if it was a matter of steps. If you have a health allergy, they have to address it.
This guy is acting in an extremely short-sighted manner. Is he the absolute head of everything? B/c I wonder if a talk with someone above him, medical records in hand, wouldn't change things. Good luck. |
Melissa, I thought that I could count on you! Thanks! I don't even know where to find the local EEOC. This place is part of the US, but the manner in which people are treated and the economy are equivalent to aThird World Country. There are a few people who have a wee bit of power, and they lord it over anyone else. Most of the employees in this resort driven economy are paid too little to afford to live in the Keys. They take a bus about 90 minutes each way from FLorida City or Homestead to make $8 -12 an hour, which compared to what they would make in Haiti or Mexico is a great deal. They are not going to complain about working conditions or lack of overtime since they barely make enough to live and are trying to learn English to get by, they know nothing of labor laws and are to afraid to question people if they found some violation in fear of losing their jobs. These employers depend on that, and abuse the crap out of them. I've never seen anything like this in my life. This is supposed to be America, correct? After this look at our great country I would much rather live in Italy or Spain.
This property manager is not used to being questioned. If you stuck him in the real world all he'd be qualified to do is run an apartment complex or something of that sort. He doesn't even have a college degree! He's not used to having his little bit of authority in his tiny little piece of this place being questioned. In my case, I can find somewhere else to work if it comes to that, but we need the money and I don't want to put my husband's job in jeopardy because of this little d!ckless wonder. We just want to save enough to get out of here, but I also don't want my health put at stake. My employee is too afraid to do anything about it, even though she also gets sick from the mold, as she and her husband are French, here on work visas, and have two children to support. If she complains and loses this job and then her husband loses his, they can't work anywhere else in the US as their work visas are restricted to this company only.
A LOT of employers down here a like that. People are transported here on work visas through an agency, for a specific employer only, and they can be treated like dirt because otherwise they'll get sent home where who knows what will happen. They can't complain even if they are forced to work 80 hour weeks in unsanitary conditions.
So many of these employers are so pleased with themselves for making money by treating others like crap and employing them in miserable conditions. They brag about it! Capitalism is SUCH a great thing.
In the meanwhile, I just want this mold issue fixed, a written apology from this person, and the BS write-up removed from my employee file so I can have yet another good reference when I leave. This write up is NOT about my job performance. It's because some little no-d&ck wonderless Shpose wants to do as little as possible and exert his perceived authority.
I just want a healthy workplace.
I am working on a book about the Keys. I'm sure if it gets published before we leave here we'll be rode out of town ona burning pole. I will get this fixed, and I will get OSHA out here and if they fire me I am also going to sue. God knows that they have made plenty of money by treating pepole like dirt, not paying them, and giving them no health benefits.
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crazyfrog
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Posted: 12/10/05 - 15:15 Post subject:
| kristin31 wrote: |
However, I think that I deserve a healthy workplace environment.
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youre damn right you do. that guy is an a$$. i agree with jenn. document what you can. i am no help as to where to go after that, but i sure there are enough legal-ese speaking people here who can help you.
i hope this all gets worked out. arent you and larry thinking of moving? maybe you could speed it up a bit?
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andydp
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Posted: 12/10/05 - 15:53 Post subject:
A call to the health department is probably the best. I'm certain there are either state/local health regulations reguarding indoor mold.
OSHA was a good call but its going to take a long time. If I remember the OSHA poster, it says something about having the right to work in a "safe" environment.
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Floridaboiler
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Posted: 12/10/05 - 17:36 Post subject:
I wish I could give you some suggestions but I am drawing a blank. I would bring up this guys attitude with your boss. Let them know what happened. That doesnt sound right.
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