Legal Question in Employment Law in California

desk / office location

My boss wants to relocate my department (7+ people) and desks to a ''switch room'' / ''data center''. The area we are supposed to move in is apx. 12x18 feet. It is supposed to be designated at a hazmat controlled area (high voltage equipment, EMF emissions, potentially explosive back-up battery strings, noisy HVAC environment, etc.) but the fire marshal has not ''caught up'' with the company yet to demand we place the necessary placards and cal-osha requirements. His reasons for the move seem to be even more baffling; the primary office space is overcrowded (40+ employees for office space designed for 25-30, and the one large spare office we do have he does not want to use because of ''bad feng shui''). I have already expressed my concerns and was told to stop being ''a kid''. I want to refuse to be moved because I feel it is dangerous, but I know that I will be reprimanded and / or fired if I do. What are my options other than quitting?


Asked on 12/03/04, 6:36 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: desk / office location

I don't know the specifics of your job or work environment, but as a general rule, if you have a reasonable basis to believe that your are being required to work in unsafe work conditions, there is job protection under the law from adverse actions taken against you. It helps, though is not absolutely necessary, that you be right in your belief that the work environment is unsafe. You can make an anonymous call to CAL OSHA and ask that they come and check it out.

Start keeping a log of events, including records of conversions (but no secret taping), listing witnesses and writing down observations. If your manager won't help talk to the HR Director about your concerns.

If none of the above is practical or feasible, see an experienced employment law attorney.

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Answered on 12/06/04, 5:09 pm


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