How do I get my employer to follow the law?
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How do I get my employer to follow the law?
I’m a 55 year old man and work in a billing office. I’ve had diabetes for about 19 years now, which has affected my immune system to the extent I am getting severely allergic to most scented products colognes, perfumes, hairsprays, lotions, etc. I’ve worked for my current employer for over a year now, and even though they have rules in place to prevent people from wearing such things to work, there are these toxic bullies who continue to constantly come to work saturated
and/or reeking of these noxious products. My allergic reactions are, but not limited to, instantmigraines, nausea, blurry vision, headaches, burning eyes, burning nose, burning sinuses,
burning skin, throwing up, and bleeding nose. I am not the only employee who is allergic and I have been told that this has been an ongoing problem at this location for 10 years but that the management doesn’t have any concern or regards for the employees who are made sick by these toxic bullies. The only thing management will respond with is we have talked to these people. After 10 years of talking, you would think at some point they would have enacted some disciplinary measures. There have been no disciplinary measures at all regarding these toxic bullies who are allowed to run this office and do as they please. They knowingly and willingly come to work reeking of toxic/noxious stenches that make the ones allergic sick. The company refuses to do anything about these sociopathic people. I’ve contacted the state Workforce Commission and OSHA, only to
be told,
Asked on May 2, 2018 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Whether or not you see a downside to the case, clearly the law firms do: that's why they are not taking it. Rightly or wrongly, they believe the odds of winning are too low and/or the amount of compensation you'd recover is too low--in either event, they don't think they will make money on this case. Law firms are businesses: they are under no obligation to take a case they believe is not worth their time or effort.
Your recourse, if no lawyer will help you and the government agencies (e.g. EEOC) will not take the matter, is to sue the employer yourself--you are allowed to bring a case on your own behalf or "pro se." You state you have found a number of similar cases: in that case, you have already done a good part of the legal research you'd need to do. Shape your case to match the way the successful cases were presented; if any were from counties near you, you can travel to the court there and get a copy of the "complaint" (the person suing's legal filing initiating the case) and use to frame your own complaint.
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