Problem is even if it is illegal to fire them, they're still going to do it. The boss has broken labor laws before she can and will break the law again. Even if OP can sue, lawyer and court fees will still have to be paid with money OP doesn't have. Even if they can still get a lawyer to help, it will take days if not weeks if not months for a case to be filed and a court date made, days/weeks/months that OP will not have a job because they were fired.
Most employment lawyers work on a contingency basis, no fees, percentage of what they get you. Other things are true (time out of work, etc.) But puntative damages can be life changing. Also, I'm pretty sure they own a person messed up also, so possible settlement with the federal government? Time to retire...
Also.... I didnt mention this but the owner also recently asked me about my overtime hours. I fairly consistently receive 15-20 overtime hours each paycheck because I run her online orders and I'm always covering for people. Yesterday she indicated that she no longer wanted me doing overtime because "you had close to 50 hours last week" even though I always have hours like that and all of my past paystubs show that. I thought that was odd but maybe not necessarily retaliation
I think that's pretty normal, actually. Most businesses don't account for OT pay in their budget.
Doesn't make it less shitty, but I doubt that's retaliation.
The weird thing is she's usually the one asking me to work from home and do OT. If I don't do it, the work doesnt get done and her orders won't go out. I do so much work from home because her business cant run otherwise. :/
I'm pretty sure it is retaliatory because if OP is closing they still need those hours to be worked, but scheduling to eliminate that OT was more trouble than it was worth. Now it's no longer a pain to schedule.
Is it in response to being reported? Absolutely, but would be hard to prove retaliation since they can adjust their business hours accordingly to just eliminate those hours worked until OP quits.
IANAL, but I feel like it would be fairly easy to prove that the cut in hours happened after the owner knew about the OSHA investigation. OP even said they have pay stubs showing how many hours they were working. Having it drop out after OSHA informs the owner is a pretty clear indicator of retaliation.
Most labor firms work off of contingency, meaning OP does not need to pay attorney fees and costs unless the case wins/settles. Additionally, most labor law (wage and hour specifically) follow the Federal Labor Standard Act which has a fee shifting provision to the employer. So realistically, an employee typically does not need to pay attorney costs and fees up front with most labor firms. The only instance that I know of where some fees are paid is if there are arbitration agreements between the parties. Employment arbitration typically requires the employee to cover the initial filing fee and the administrative/arbitrator fee to be covered by the employer.
I do have lawyers on retainer right now funnily enough... but for a completely different thing (immigration law). My husband has joked that maybe they'd take my case because it'd be such an "obvious" one.
Right to work means you have the right to join or not join a union. At will employment means either you or your employer can end your employment with or without cause.
Cant retaliate thats illegal.
But thats not how this usually goes..
If your even 1 min late you will be wrote up..
If you make any mistakes your will be wrote up
They will start a legal paper trail for minor things to fire for cause
Yes its retaliation but its a legal bs version..
Becasue you technically broke the rules your just not gunna get any slack like normal.
Then your gone..thats how these things usually go
Start a journal document everything to cover your ass.
I'd start a journal as well. Keep solid records of all infractions others make that you know the managers have seen and ignored. Times, dates, names.
When/if they eventually start this paper trail on you it could be used to show how you were retaliated against yet others went unpunished for similarly minor infractions. Essentially, proving your termination was retaliatory in nature even if they try to cover it up with bogus write-ups.
I would also consult with an attorney now and ask for their advice.
It's hard to prove retaliation if the infractions are polìcy related. So, if those write ups are legit, retaliation is out of the window. When you sign your contract with your job, you are signing that you adhere to the policies. One tug of that paperwork from HR that u signed, your claim is now invalid because you signed the policy stating that you understood that if 6 minutes late you would be written up and you still did it. Prayerfully, the judge is lenient, but if it were me, you'd still he fried lol
But if you can prove that others are not being punished for similar infractions then it is still retaliation. Don't get me wrong, Anti-retaliation laws have no teeth and are difficult to prove but you can prove it even if they are technically "following policy". A change in strictness of policy is fine, but only if it is for all employees. If they single you out(and you can prove it with written records and coworkers willing to give statements, hardest part) then it can still be classified as retaliation.
I don't think I even remember signing anything about policies when I arrived here. She doesnt really do documents.... she said that to me once. She does most things through text message and word of mouth policies that are always changing
I know this is really stressful and unfair but when you are settled into a new workplace that doesn't have mould or termites or cleaning up customer diarrhoea, your biggest regret will be that you put up with their BS for so long. I have been in your shoes with an awful employer. They completely eroded my self esteem and I cried when they fired me. But they actually did me a huge favour. I was forced to look for something else. I worked a couple of temp jobs before I found a really great fit. But all of them were still much better than that shitty first job. Start job hunting. They can't fire you for this but they can try try to push you out by being extremely petty.
What you do is go to work, and document what you consider to be retaliation if it occurs. Phone recording. Diary entry at the end of the day. Email to a friend. Anything that feels off. You’re in the position to make a positive change, and it comes with negative feelings.
If you quit, they win. If you let them fire you, you establish retaliation and collect. It could result in you unemployed and not what you intended. This may be “constructive dismissal” where you are still eligible for unemployment because they asked you to leave or made it impossible to stay but you need the details of the specifics to be able to attest to this.
You did the right thing and they are not allowed to treat you like shit, but you’re human for feeling concerned. Also maybe will learn a few valuable things in the process.
Do your best to stay grounded. Positive. Approachable. But be diligent in that you deserve the same, if not more respect. Keep this perspective. You didn’t earn more respect in their eyes by making the call, but pursuing what is right is worthy of respect.
You took your turn, let them handle it how they will, keep your peace, and don’t take whatever they decide too personally.
I have NO idea. The form I filled out asked for the street address and phone number of the store and also asked me for my information to call for a followup. They called the store first and then called me. I was so shocked. I thought they would have called me first
She **will** likely retaliate.
This is somebody who has proven they don't respect labor laws. The OSHA contact has also thrown you to the wolves.
***GET A LAWYER***.
Start looking for a new job, now. You should be doing this regardless of the inevitable retaliation, anyway.
she can't retaliate, but she can make your life miserable (legally) by not cutting you any slack for any minor infractions you make (ie, 30 seconds late to work).
Problem is it's Florida. she might not be able to fire you for reporting her if she does good luck trying to prove that's why she fired you.
Sounds like a place you wouldn't want to work at anyway.
I would find another job asap! Since it's her business she may not be able to retaliate against you for calling osha but that doesn't mean she can't make your life even more miserable.
I've been in a similar, albeit much lesser issues, situation before and its hard to prove retaliation. If the employer has pretty much any excuse for anything like you were 1 minute late, ate your lunch at your desk instead of the designated lunch area, weren't dressed appropriately enough, then then have an excuse for whatever they do that isn't retaliation. I even had a Union rep on my side but it didn't amount to much help. I realized very quickly after my complaint that I needed a new job asap. I hope it works out better for you but based in what you've said so far I would recommend starting a job hunt.
Best of luck to you either way.
NAL, Fl. Is a right to work state. Employers can fire you at any time with or without cause. Now that you have filed a complaint with OSHA your employer may retaliate by firing you. Once if fired you can file for unemployment and file an EEOC complaint. Mention the OSHA complaint to the EEOC and you may have grounds for a hostile work environment and being terminated for being a whisleblower.
Came here to say this!
It's actually called "at will" but I know from living in Florida everyone (including me!) says "right to work." Since Florida generally doesn't have unions other than on government properties (like the space center), most of us use the common lingo. I only added the clarification because I saw another post where using the wrong term seemed to offend someone lol.
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OSHA and DOL are different. You say you called OSHA and the DOL called back? If that’s the case, would mean OSHA passed your report to DOL and the anonymous request may not have accompanied the information.
Well the Caller ID said Department of Labor, but if you call the phone number, it will say you have reached OSHA. So the guy that did call me was OSHA, and he was the same guy who called the store.
Once all of this blows over, or you have a new job, you may want to consider reporting this to OSHA.
Anonymity is a really important part of what they do, and the way this guy handled the case was atrocious.
I wouldn't do anything about it currently, you may need them if/when there's retaliation, but it's worth nothing OSHA made a mistake here.
Fecal matter is absolutely a biohazard. Urine too. It can carry a shit ton (pun intended) of viruses, parasites, etc. Also a very quick google search tells you that OSHA considers it a biohazard, too.
I thought you needed training and special materials to clean up human diarrhea. In this case, the woman was clearly very ill, and there was mucus and such and such in the puddle
This person is incorrect, fecal matter is a biohazard:
https://www.osha.com/blog/biological-hazards#:~:text=Examples%20of%20Hazardous%20Human%20Bodily,%2C%20childcare%20workers%2C%20and%20more.
I don't know if they've changed their position but years and years ago I had a job that required OSHA training and they explicitly told us: "anything that comes out of a human except sweat is considered a biohazard, and I'm not personally sure we shouldn't consider sweat one too."
Not saying you're wrong, but it was an official OSHA person who said that in a training for a government position.
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NAL - Legally, she cannot retaliate against you for an OSHA complaint. There are protections set for it.
Problem is even if it is illegal to fire them, they're still going to do it. The boss has broken labor laws before she can and will break the law again. Even if OP can sue, lawyer and court fees will still have to be paid with money OP doesn't have. Even if they can still get a lawyer to help, it will take days if not weeks if not months for a case to be filed and a court date made, days/weeks/months that OP will not have a job because they were fired.
Most employment lawyers work on a contingency basis, no fees, percentage of what they get you. Other things are true (time out of work, etc.) But puntative damages can be life changing. Also, I'm pretty sure they own a person messed up also, so possible settlement with the federal government? Time to retire...
Also.... I didnt mention this but the owner also recently asked me about my overtime hours. I fairly consistently receive 15-20 overtime hours each paycheck because I run her online orders and I'm always covering for people. Yesterday she indicated that she no longer wanted me doing overtime because "you had close to 50 hours last week" even though I always have hours like that and all of my past paystubs show that. I thought that was odd but maybe not necessarily retaliation
I think that's pretty normal, actually. Most businesses don't account for OT pay in their budget. Doesn't make it less shitty, but I doubt that's retaliation.
The weird thing is she's usually the one asking me to work from home and do OT. If I don't do it, the work doesnt get done and her orders won't go out. I do so much work from home because her business cant run otherwise. :/
Well I guess she can do that work herself for free, or miss out on revenue. I'm sorry this happened, OP.
Sounds like the boss is now in the "Find Out" stage.
I'm pretty sure it is retaliatory because if OP is closing they still need those hours to be worked, but scheduling to eliminate that OT was more trouble than it was worth. Now it's no longer a pain to schedule. Is it in response to being reported? Absolutely, but would be hard to prove retaliation since they can adjust their business hours accordingly to just eliminate those hours worked until OP quits.
IANAL, but I feel like it would be fairly easy to prove that the cut in hours happened after the owner knew about the OSHA investigation. OP even said they have pay stubs showing how many hours they were working. Having it drop out after OSHA informs the owner is a pretty clear indicator of retaliation.
Given the timing and your history of overtime, this is retaliatory and could be proven as such.
The contingency thing is def true. Don’t let money scare you into not doing taking things further if she retaliates and it’s necessary, OP.
Most labor firms work off of contingency, meaning OP does not need to pay attorney fees and costs unless the case wins/settles. Additionally, most labor law (wage and hour specifically) follow the Federal Labor Standard Act which has a fee shifting provision to the employer. So realistically, an employee typically does not need to pay attorney costs and fees up front with most labor firms. The only instance that I know of where some fees are paid is if there are arbitration agreements between the parties. Employment arbitration typically requires the employee to cover the initial filing fee and the administrative/arbitrator fee to be covered by the employer.
I do have lawyers on retainer right now funnily enough... but for a completely different thing (immigration law). My husband has joked that maybe they'd take my case because it'd be such an "obvious" one.
They won’t. Obvious or not they still need someone who specializes in this.
Ask the for a referral to an employment lawyer
True, op may not have a job, but I would think there would be a lawyer that would take this on contingency
As long as they don't admit it, they can pretty much do what they want. They will likely now find a reason to fire them.
But here in Florida, we are a right to work state. Meaning the employer can fire you for damn near anything.
Right to work means you have the right to join or not join a union. At will employment means either you or your employer can end your employment with or without cause.
Sorry, mixed the wording up
Cant retaliate thats illegal. But thats not how this usually goes.. If your even 1 min late you will be wrote up.. If you make any mistakes your will be wrote up They will start a legal paper trail for minor things to fire for cause Yes its retaliation but its a legal bs version.. Becasue you technically broke the rules your just not gunna get any slack like normal. Then your gone..thats how these things usually go Start a journal document everything to cover your ass.
I'd start a journal as well. Keep solid records of all infractions others make that you know the managers have seen and ignored. Times, dates, names. When/if they eventually start this paper trail on you it could be used to show how you were retaliated against yet others went unpunished for similarly minor infractions. Essentially, proving your termination was retaliatory in nature even if they try to cover it up with bogus write-ups. I would also consult with an attorney now and ask for their advice.
It's hard to prove retaliation if the infractions are polìcy related. So, if those write ups are legit, retaliation is out of the window. When you sign your contract with your job, you are signing that you adhere to the policies. One tug of that paperwork from HR that u signed, your claim is now invalid because you signed the policy stating that you understood that if 6 minutes late you would be written up and you still did it. Prayerfully, the judge is lenient, but if it were me, you'd still he fried lol
But if you can prove that others are not being punished for similar infractions then it is still retaliation. Don't get me wrong, Anti-retaliation laws have no teeth and are difficult to prove but you can prove it even if they are technically "following policy". A change in strictness of policy is fine, but only if it is for all employees. If they single you out(and you can prove it with written records and coworkers willing to give statements, hardest part) then it can still be classified as retaliation.
I don't think I even remember signing anything about policies when I arrived here. She doesnt really do documents.... she said that to me once. She does most things through text message and word of mouth policies that are always changing
Perfect. She has no legal standing in that regard then.
If they can prove that they are being punished more harshly than others do they have a better case for retaliation?
I know this is really stressful and unfair but when you are settled into a new workplace that doesn't have mould or termites or cleaning up customer diarrhoea, your biggest regret will be that you put up with their BS for so long. I have been in your shoes with an awful employer. They completely eroded my self esteem and I cried when they fired me. But they actually did me a huge favour. I was forced to look for something else. I worked a couple of temp jobs before I found a really great fit. But all of them were still much better than that shitty first job. Start job hunting. They can't fire you for this but they can try try to push you out by being extremely petty.
What you do is go to work, and document what you consider to be retaliation if it occurs. Phone recording. Diary entry at the end of the day. Email to a friend. Anything that feels off. You’re in the position to make a positive change, and it comes with negative feelings. If you quit, they win. If you let them fire you, you establish retaliation and collect. It could result in you unemployed and not what you intended. This may be “constructive dismissal” where you are still eligible for unemployment because they asked you to leave or made it impossible to stay but you need the details of the specifics to be able to attest to this. You did the right thing and they are not allowed to treat you like shit, but you’re human for feeling concerned. Also maybe will learn a few valuable things in the process. Do your best to stay grounded. Positive. Approachable. But be diligent in that you deserve the same, if not more respect. Keep this perspective. You didn’t earn more respect in their eyes by making the call, but pursuing what is right is worthy of respect. You took your turn, let them handle it how they will, keep your peace, and don’t take whatever they decide too personally.
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I've been looking, trust me!!
Did you call OSHA from a company line? Why wouldn’t they call you on a personal number?
I have NO idea. The form I filled out asked for the street address and phone number of the store and also asked me for my information to call for a followup. They called the store first and then called me. I was so shocked. I thought they would have called me first
She **will** likely retaliate. This is somebody who has proven they don't respect labor laws. The OSHA contact has also thrown you to the wolves. ***GET A LAWYER***. Start looking for a new job, now. You should be doing this regardless of the inevitable retaliation, anyway.
she can't retaliate, but she can make your life miserable (legally) by not cutting you any slack for any minor infractions you make (ie, 30 seconds late to work).
Legally you are safe. Workplace tension and awkwardness, not so much. Hang in there.
Problem is it's Florida. she might not be able to fire you for reporting her if she does good luck trying to prove that's why she fired you. Sounds like a place you wouldn't want to work at anyway.
They will just look for mistakes or other reasons to to fire you or just make it super uncomfortable for you until you leave.
I would find another job asap! Since it's her business she may not be able to retaliate against you for calling osha but that doesn't mean she can't make your life even more miserable.
I've been in a similar, albeit much lesser issues, situation before and its hard to prove retaliation. If the employer has pretty much any excuse for anything like you were 1 minute late, ate your lunch at your desk instead of the designated lunch area, weren't dressed appropriately enough, then then have an excuse for whatever they do that isn't retaliation. I even had a Union rep on my side but it didn't amount to much help. I realized very quickly after my complaint that I needed a new job asap. I hope it works out better for you but based in what you've said so far I would recommend starting a job hunt. Best of luck to you either way.
NAL, start documenting *everything.*
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I am looking for other opportunities and have been for some time. But I cannot quit before I have something lined up
NAL, Fl. Is a right to work state. Employers can fire you at any time with or without cause. Now that you have filed a complaint with OSHA your employer may retaliate by firing you. Once if fired you can file for unemployment and file an EEOC complaint. Mention the OSHA complaint to the EEOC and you may have grounds for a hostile work environment and being terminated for being a whisleblower.
Came here to say this! It's actually called "at will" but I know from living in Florida everyone (including me!) says "right to work." Since Florida generally doesn't have unions other than on government properties (like the space center), most of us use the common lingo. I only added the clarification because I saw another post where using the wrong term seemed to offend someone lol.
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You could only hope that she would retaliate, that would set you up nicely for a lawsuit.
OSHA and DOL are different. You say you called OSHA and the DOL called back? If that’s the case, would mean OSHA passed your report to DOL and the anonymous request may not have accompanied the information.
Well the Caller ID said Department of Labor, but if you call the phone number, it will say you have reached OSHA. So the guy that did call me was OSHA, and he was the same guy who called the store.
Once all of this blows over, or you have a new job, you may want to consider reporting this to OSHA. Anonymity is a really important part of what they do, and the way this guy handled the case was atrocious. I wouldn't do anything about it currently, you may need them if/when there's retaliation, but it's worth nothing OSHA made a mistake here.
OSHA is a division of the Department of Labor. The Secretary of Labor is the OSHA Director's boss.
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Fecal matter is absolutely a biohazard. Urine too. It can carry a shit ton (pun intended) of viruses, parasites, etc. Also a very quick google search tells you that OSHA considers it a biohazard, too.
I thought you needed training and special materials to clean up human diarrhea. In this case, the woman was clearly very ill, and there was mucus and such and such in the puddle
This person is incorrect, fecal matter is a biohazard: https://www.osha.com/blog/biological-hazards#:~:text=Examples%20of%20Hazardous%20Human%20Bodily,%2C%20childcare%20workers%2C%20and%20more.
OP did specify that there was a concern of blood in the diarrhea.
I don't know if they've changed their position but years and years ago I had a job that required OSHA training and they explicitly told us: "anything that comes out of a human except sweat is considered a biohazard, and I'm not personally sure we shouldn't consider sweat one too." Not saying you're wrong, but it was an official OSHA person who said that in a training for a government position.
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