Legal Question in Employment Law in California
Worker safety issue
I recently quit a job due to unsafe working conditions (like having to work on live electrical wiring on a 20 foot ladder because I was not permitted to shut off the electricity to the area). I made my concerns known to my supervisor, but he told me that he had been doing it like that for two years so I should have no problem doing it the same way. This was a pretty good paying job, but I felt that my safety was definately at risk so I had to quit before something happened.
Do I have any recourse?
Thank you,
3 Answers from Attorneys
Re: Worker safety issue
Sure. This is retaliatory firing for refusing to work in dangerous conditions, and defined and prohibited by OSHA. Feel free to contact me to discuss your rights and remedies; employment litigation has been one of my specialties for over 20 years.
Re: Worker safety issue
Quitting and then suing has its problems. You must establish that you had no other alternative - such as making a OSHA complaint or documenting your complaint with more senior managers.
Assuming you get over that hurdle a case came down today (Franklin Vs. The Monadnock Company) holding that a failure to provide a safe workplace is a violation of public policy and thus can be the basis for a wrongful discharge claim.
Re: Worker safety issue
You were constructively terminated in violation of public policy in that a reasonable person in your position would have resigned. You have remedies for lost wages, general damages and perhaps punitive damages. Contact me directly 19 years experience.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
