QUESTION
Can I sue because I have to work to be around mold?
Asked on Oct 09th, 2015 on Labor and Employment - South Carolina
More details to this question:
My job has an office in the back were we count money and the safe is at and it’s full of mold and since I have worked there I've had really bad headaches and tiredness and nausea. I don't feel any of these things until I go to work. My managers know about the mold but won’t fix it. I'm afraid that if I report it they will just fire me. What can I do?
1 ANSWER
Question: Can I sue because I have to work to be around mold? This question details the type of concerns faced by employees every day. These circumstances are why we have worker protections in the USA at the federal level and some ? weaker in South Carolina at the state level. You can report these circumstances to the South Carolina Department of Labor, Licensing and Regulation. If you have reported this to your employer and it has not taken action, you will be concerned that any further actions on your part to address this problem will be used to terminate your employment. South Carolina has a whistle blower protection statute for employees who report violations of statutes, rules or regulations regarding occupational safety and health (Occupational Safety and Health Act (OSHA) Whistle blower Protections). These are detailed at S.C. Code 41-15-510 et seq. (http://www.scstatehouse.gov/code/t41c015.php) Protected activities include filing a complaint, instituting a proceeding, or testifying about OSHA violations. An employee who has been discharged or otherwise discriminated against by any person in violation of Section 41-15-510 has the right to file a complaint with the South Carolina Commission of Labor alleging such discrimination. The SC Labor Commissioner shall cause investigation to be made as he or she deems appropriate, and, if the Commissioner determines that anti-discrimination provisions of Section 41-15-510 have been violated, he must institute a law suit in the appropriate court of common pleas against such discriminating person or entity. In any such action, the court of common pleas has injunctive authority to restrain such OSHA anti-discrimination violations, as well as authority to order all appropriate relief including rehiring or reinstatement of employee to his or her former position with back pay. S.C. Code 41-15-520. You will want to consult with an attorney before taking action because if you were to initiate a complaint and face retaliation, you will want to be able to show that you actually complained to your employer (with witnesses or documents to prove that you did so) and that your termination or punishment was related to the complaint, that is, a reprisal against you. If not done correctly, your employer may be able to justify your termination or demotion on other grounds. See an attorney!
Answered on Oct 14th, 2015 at 6:30 PM