QUESTION
What can I do if my employer is harassing me?
Asked on Jul 28th, 2014 on Labor and Employment - Ohio
More details to this question:
I am a diesel mechanic for a private company. I am also salaried. I have an ill wife besides. I work M-F about 10-12 hours per day. Then my boss will want me to work weekends too. If I tell him I can't due to family issues he will threaten me with hiring a different mechanic. The shop manager will also call and/or text me continuously about going into work and will give false statements to the owner. I recently had an injury to my eyes due to nonsufficient PPE during welding and my boss has been even more demanding and inappropriate since the incident and states he should let me go as I'm a liability. He will claim that he interviewed others and if I don't go to work he will hire them and I will not be able to pay my rent to take care of my wife, but I work 24/7 so I can't take care of things for her.
1 ANSWER
How many employees does your employer have? If your employer has 50 employees at your location or within a 75 mile radius, you may be entitled to FMLA leave (assuming you have worked at least 1250 hours and been employed for at least the last 12 months). You may also want to contact a workers' compensation attorney to discuss whether you should pursue a claim for your injuries. If your employer retaliates against you for filing a workers' compensation claim you have a legal claim against them. Another issue that you identified is the safety equipment you are wearing. If you employer is violating OSHA regulations you could report those and you would be protected from retaliation. Unfortunately mechanics can be compensated on a salary basis so there is no claim related to all the hours you are working.
Ohio employment attorney www.mcoffmanlegal.com
Answered on Jul 29th, 2014 at 7:06 AM
Matthew J.P. Coffman The answer provided is not legal advice and it is recommended that you seek advice of an attorney. My office # is 614-949-1181.