Legal Question in Employment Law in California

Re: Chemicals at work are killing me

As you know, this is a very serious and complex situation, one that cannot be adequately responded to in this forum.

Generally, it is very important to document all events, including any complaints made and any violations of health and safety regulations and practices. The law is clear, that it is illegal to fire an employee for complaining about reasonable health and safety concerns. That is why all such complaints must be documented.

Cal OSHA allows for anonymous complaints and I know that they will send in inspectors unanounced.

But you really need to sit down with an employment law attorney in your area to map out the right way to go about addressing your concerns and protecting your rights against any possible retaliation.

My office is in Santa Ana. If you live somewhere outside the Southern California area, I'd be happy to refer you to some experienced employment law attorneys.

There are some very specific statutes of limitations, so you should not delay speaking with an attorney.

Re: Chemicals at work are killing me

There are attorneys who specialize in workplace environmental health. It appears that you quit because of the unsafe conditions about which you no doubt complained. You and your former colleagues all might have claims in the workers compensation arena as well as potential lawsuit(s). You might also have a claim for wrongful (constructive) termination. You should speak directly with an attorney who specializes in these types of cases since certain statutes of limitation apply.

Re: Chemicals at work are killing me

You may contact regulatory agency such as Cal-OSHA for safety violations and they may make un-announced inspection. you and youe co-workers are also protected under worker's compensation laws. you and your co-workers may seek medical attention to treat bronchitis and pneumonia and even cancer. You may also seek medical testings and examinations to determine relationship between the exposure to chemicals and the medical conditions and illnesses you described. If this conditions covers many employees a class action may also be appropriate. Please call my office at 213.388.7070 to discuss your case further. I have over 15 years of experience in the environmental law field before I became a Worker's Compensation attorney. I am also a former compliance inspector of the California Department of Toxic substances Control for many years. I inspected chemical plants (like your workplace) and hazardous waste sites and land fields and I am vary familiar with various city, county and state agencies which regulate your employer. Please obtain a copy of the MSDS (Material Safety Data Sheet) for each chemical used in your plant and call me for further discussion. I will be happy to discuss your case and take your case on contingency basis according to the rates set by WCAB.