Godlike Productions - Discussion Forum
Users Online Now: 1,461 (Who's On?)Visitors Today: 408,718
Pageviews Today: 747,024Threads Today: 369Posts Today: 6,692
02:22 PM


Rate this Thread

Absolute BS Crap Reasonable Nice Amazing
 

Calling all legaltards!!! I need some advice....please!!!

 
Razorbackkid
Offer Upgrade

User ID: 59481783
United States
06/25/2014 08:00 PM
Report Abusive Post
Report Copyright Violation
Calling all legaltards!!! I need some advice....please!!!
Short and simple. I work for a restaurant (gas fryers) that require the exhaust fans to be on at all times while the fryer(s) are in operation.

On Jun 8th the exhaust fan bearing went out and the fan became inoperatable. It remained so until yesterday, jun 24th.

Of these 16 days I worked in smoked filled conditions as a "lead cook" (no, I am not a manager), just a cook.

I have suffered heat exhaustion, smoke inhalation, and cramps beyond belief for the last two weeks. Shortness of breath, and many other health problems directly related to the failure to comply with OSHA standards.

I filed a workers comp claim with my employer and they are slow walking me thru the process.

Today I travelled 65 miles to see a doctor of their choice and once there was told the proper phone numbers for verifying my claim was not in place.


Two hours later a woman called my home saying she was with the Workers Comp. company. She grilled me over when the exhaust fan went out, when I complained of it not working, and when I started to noticed health effects because it was not working.

I told her this:

1) The exhaust fan was inoperable on Jun. 8th.
2) I noticed it was a problem immediately.
3) I told my general manager about the problem immediately.

My general manager called the local general "problem solver" we most generally use...; cost to repair...a bit over $2000.00. My boss calls her boss and ... yeah...a dude says he can fix it for a lot less.

16 days later it's fixed.


On the vent hood of these fryers it states on an OSHA tag: VENT HOOD MUST BE ON BEFORE APPLIANCES are turned on.

I've been "googling" my butt off but have yet to find compliance codes for Captain D's in Alabama....(yes, I make 8.65 an hour) and I'm tired of being treated like a lab rat.

Legaltards.....show me the way to victory....please.

God Bless GLP......

Razorbackkid
Razorbackkid  (OP)

User ID: 59481783
United States
06/25/2014 08:07 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
bumps for answers.....thank you.
Razorbackkid  (OP)

User ID: 59481783
United States
06/25/2014 08:25 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
bump
Anonymous Coward
User ID: 59612249
United States
06/25/2014 08:31 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
I'm in the legal field in Ca. My advise to you would be to find a good workmans comp attorney in your state. If you decide to file a legal claim against your employer you need documentation. The more the better. An attorney that will take your case on contingency is your best bet. Good luck!!
Anonymous Coward
User ID: 8336704
United States
06/25/2014 08:49 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
Unfortunatly, kid, you're going to have to bend over and take it up the tailpipe on this one. They will deny everything, supress the evidence, and falsify records, all in the name of "screw you pee on". You will need a good, expensive lawyer for this one, and even that guarantees nothing. Good luck.
Anonymous Coward
User ID: 54781558
United States
06/25/2014 09:01 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
[link to labor.alabama.gov]

This is a good place to start. You may also be entitled to compensation for mileage to their choice doctor.
Anonymous Coward
User ID: 54781558
United States
06/25/2014 09:03 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
Unfortunately you will have to play their game for a while, follow the process in place. These things take time but do t be discouraged because that is what they are counting on.
ladulce

User ID: 58902762
United States
06/25/2014 09:06 PM

Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
I'm in the legal field in Ca. My advise to you would be to find a good workmans comp attorney in your state. If you decide to file a legal claim against your employer you need documentation. The more the better. An attorney that will take your case on contingency is your best bet. Good luck!!
 Quoting: Anonymous Coward 59612249


By documentation, make sure you have contact info. for all other co-workers (witnesses) before you get fired over this.

Also, make sure you know the name of the person that made the repairs. Get a notebook, and, start writing down everything you know about the situation.

Then, put it into chronological order- including things like when you started to feel ill and if other workers experienced similar symptoms.

Take pictures of the OSHA warning on the fan (so that it can't be changed later and denied).

Keep as much as info as you can.

Speak knowledgably and competently with the Workers Comp. representative. Make sure to get the name of the rep. and write down dates, times and notes of any communication between you.

If she doesn't side with you, you will have all of this information when you consult an attorney.

Last Edited by ladulce on 06/25/2014 09:09 PM
Razorbackkid  (OP)

User ID: 59481783
United States
06/25/2014 09:59 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
I'm in the legal field in Ca. My advise to you would be to find a good workmans comp attorney in your state. If you decide to file a legal claim against your employer you need documentation. The more the better. An attorney that will take your case on contingency is your best bet. Good luck!!
 Quoting: Anonymous Coward 59612249


By documentation, make sure you have contact info. for all other co-workers (witnesses) before you get fired over this.

Also, make sure you know the name of the person that made the repairs. Get a notebook, and, start writing down everything you know about the situation.

Then, put it into chronological order- including things like when you started to feel ill and if other workers experienced similar symptoms.

Take pictures of the OSHA warning on the fan (so that it can't be changed later and denied).

Keep as much as info as you can.

Speak knowledgably and competently with the Workers Comp. representative. Make sure to get the name of the rep. and write down dates, times and notes of any communication between you.

If she doesn't side with you, you will have all of this information when you consult an attorney.
 Quoting: ladulce


Appreciate the response.

Already done what is in bold.

Going to find an attorney, I've been with Captain D's for almost 12 years total time.

Thank you.
Razorbackkid  (OP)

User ID: 59481783
United States
06/25/2014 10:00 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
Unfortunately you will have to play their game for a while, follow the process in place. These things take time but do t be discouraged because that is what they are counting on.
 Quoting: Anonymous Coward 54781558

I have truth on my side, but I know they will try to "change" the facts.
Razorbackkid  (OP)

User ID: 59481783
United States
06/25/2014 10:02 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
[link to labor.alabama.gov]

This is a good place to start. You may also be entitled to compensation for mileage to their choice doctor.
 Quoting: Anonymous Coward 54781558

Appreciate your input....thank you.

Thanks for the link....I'll check it out.
Anonymous Coward
User ID: 24156714
United States
06/25/2014 10:05 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
I've been with Captain D's for almost 12 years total time.


 Quoting: Razorbackkid


epiclol
Razorbackkid  (OP)

User ID: 59481783
United States
06/25/2014 10:06 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
Unfortunatly, kid, you're going to have to bend over and take it up the tailpipe on this one. They will deny everything, supress the evidence, and falsify records, all in the name of "screw you pee on". You will need a good, expensive lawyer for this one, and even that guarantees nothing. Good luck.
 Quoting: Anonymous Coward 8336704

I ain't bending over for anyone.....fuck that.

I appreciate your concern that this situation may be tough but.....shit ... everyday is tough.

We will prevail.
Razorbackkid  (OP)

User ID: 59481783
United States
06/25/2014 10:08 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
Unfortunately you will have to play their game for a while, follow the process in place. These things take time but do t be discouraged because that is what they are counting on.
 Quoting: Anonymous Coward 54781558


Appreciate you. Yeah, I'll wait and plan.
Razorbackkid  (OP)

User ID: 59481783
United States
06/25/2014 10:13 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
I've been with Captain D's for almost 12 years total time.


 Quoting: Razorbackkid


epiclol
 Quoting: Anonymous Coward 24156714


I know...right??? I'm an idiot. And a poor one.
Anonymous Coward
User ID: 58916623
United States
06/25/2014 10:23 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
Op, I am sorry you are getting jacked around like this and it has affected your health, but I am afraid you have quite an uphill climb to get any justice in this matter. The legal system and regulatory agencies are heavily weighted towards employers in almost all instances.

The law may be in your favor but interpreting it the job of oftentimes very corrupt judges and regulatory officers. It will probably come down to a matter of your word against management (guess who usually wins), or they will conclude that because "at-will" employment is the law of the land that you could have left at any time, therefore you voluntarily accepted the risk.

You will probably be fired over this, and chances are not good that even unemployment will side with you. It sucks and I am sorry for you and many others who are in similar dire employment situations, but there are some very profound injustices in this world that have only seemed to get more unjust the deeper our economy has been driven into the shithole.

I hope I am incorrect in assessment and you get some satisfaction from this case as your employer clearly disregarded your safety.
tiger1

User ID: 44278049
United States
06/25/2014 10:31 PM

Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
I'm in the legal field in Ca. My advise to you would be to find a good workmans comp attorney in your state. If you decide to file a legal claim against your employer you need documentation. The more the better. An attorney that will take your case on contingency is your best bet. Good luck!!
 Quoting: Anonymous Coward 59612249


^^^THIS^^^
Anonymous Coward
User ID: 22747341
United States
06/25/2014 11:04 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
Use of the 'tard' suffix when added to a word defining a human activity or identity MUST always imply ineptitude, stupidity if not outright disabling 'a priori analness' on the part of the person so afflicted by its defining essence.

Yet you flaunt that logical premise(in the thread title no less!) with your insistence that such a person be sought after for any pearly wisdom he might Pez dispense to resolve a matter of crucial importance to you.

You are in violation of GLP Forum Code of Conduct..
Anonymous Coward
User ID: 14667087
United States
06/25/2014 11:08 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
Use of the 'tard' suffix when added to a word defining a human activity or identity MUST always imply ineptitude, stupidity if not outright disabling 'a priori analness' on the part of the person so afflicted by its defining essence.

Yet you flaunt that logical premise(in the thread title no less!) with your insistence that such a person be sought after for any pearly wisdom he might Pez dispense to resolve a matter of crucial importance to you.

You are in violation of GLP Forum Code of Conduct..
 Quoting: Anonymous Coward 22747341


^^^THIS^^^
HatchetX

User ID: 49512476
United States
06/25/2014 11:22 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
You are the cook ? If so it was your job to shut it down.
They can not fire you for refusing to operate unsafe machinery.If the boss told you to use it or face being fired , then you have a case.

Because you are an American educated in the u.s you should know these things , unlike illegal aliens.

If you wanted to sue then you should have never filed the workman's comp and went to your own doctor.

Remember you have the right to a trial by jury even in civil cases.

Last Edited by NicholasMichaelXXXX on 06/25/2014 11:24 PM
Anonymous Coward
User ID: 59396990
United States
06/25/2014 11:31 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
Why do you work for someone whom you do not respect enough to have their back?

Why do you continue to work while knowingly inhaling poison fumes? Are you completely unaware of your surroundings? Why on earth can't you climb up there after hours and see what is broken and then get that $40 part and put it in yourself? Take some responsibility. Sometimes things break. You can manage that in your immediate environment if you cared to take the time. It is YOUR health at stake after all.

Why would you put your employer at risk of higher comp rates?

As it stands right now you job is as good as over. I suggest working on your resume.
Anonymous Coward
User ID: 59665141
United States
06/26/2014 01:35 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
Use of the 'tard' suffix when added to a word defining a human activity or identity MUST always imply ineptitude, stupidity if not outright disabling 'a priori analness' on the part of the person so afflicted by its defining essence.

Yet you flaunt that logical premise(in the thread title no less!) with your insistence that such a person be sought after for any pearly wisdom he might Pez dispense to resolve a matter of crucial importance to you.

You are in violation of GLP Forum Code of Conduct..
^^^^^^^^^^^^^^^^^^^^^^^^^^^^

WTF....Is this shit...^^^^??

[link to dumpyourphoto.com (secure)]

Get a Brian, Moran...
[link to imageshack.us]
Anonymous Coward
User ID: 46602739
United States
06/26/2014 01:43 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
I've been with Captain D's for almost 12 years total time.


 Quoting: Razorbackkid


epiclol
 Quoting: Anonymous Coward 24156714


I know...right??? I'm an idiot. And a poor one.
 Quoting: Razorbackkid


Nice job making fun of someone who would work for minimum wage at a fast food place instead of living off the government.
I wish you luck OP!!!!
I hope you sue their asses off and win money so you don't have to work so hard for minimum wage in a dangerous environment.
Terrebonne

User ID: 59668319
United States
06/26/2014 04:22 PM

Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
This organization will take all complaints pertaining to job safety. If you have a complaint on record it might help your case.

Occupational Safety & Health Administration

[link to www.osha.gov (secure)]
INFJ; We are the protectors; One Percent of the population.

We put a lot of energy into identifying the best system for getting things done, and constantly define and re-define the priorities.

We know things intuitively, without being able to pinpoint why, and without detailed knowledge of the subject at hand. We are usually right, and we usually know it.

[link to www.personalitypage.com]

.
Useless Cookie Eater

User ID: 29696048
United States
06/26/2014 04:27 PM
Report Abusive Post
Report Copyright Violation
Re: Calling all legaltards!!! I need some advice....please!!!
You are the cook ? If so it was your job to shut it down.
They can not fire you for refusing to operate unsafe machinery.If the boss told you to use it or face being fired , then you have a case.

Because you are an American educated in the u.s you should know these things , unlike illegal aliens.


If you wanted to sue then you should have never filed the workman's comp and went to your own doctor.

Remember you have the right to a trial by jury even in civil cases.
 Quoting: HatchetX


this1





GLP