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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17223
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I have been having issues with my employer for the last year.

This answer was rated:

I have been having issues with my employer for the last year.
From August 26 to October 12, they refused to pay a company to come into the airport terminal basement to remove asbestos materials on a boiler room project.
They lied and said there was no asbestos, but this spring we found the Pre Abatement Survey stating that all items being removed had contained 15-60% cryocilitate asbestos and rated the project a 9/10. 10 being the highest rating for danger.
I was told that if I didn't do the job, I would be terminated.
Now I'm being denied FMLA and was told that I have to use my vacation time and sick time before I can apply for FMLA.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

Why were you denied for FMLA?

wallstreetfighter :

Are you facing some severe medical condition?

Customer: My job. It's been a horrible experience.
Customer: My grandmother ( I live with) was diagnosed on may 26th with end stage liver cancer .
Customer: I am her primary care taker
wallstreetfighter :

You have two issues here, first you should consider filing an OSHA complaint against the employer , under the law Ohio Employees can make legally protected complaints about unsafe work conditions to their employers and to the Occupational Health and Safety Administration (OSHA). OSHA specifically prohibits employer retaliation against employees who file OSHA complaints. In addition, Ohio public policy “demands that employees be provided with a safe work environment and that unsafe working conditions be corrected.” Kulch v. Structural Fibers, Inc.,XXXXX 3d 134, 153 (1997). Thus, employees fired for making OSHA and employer safety complaints can pursue wrongful discharge claims under Ohio's public policy exception to employment at will. - See more at: http://www.myemploymentlawyer.com/wiki/Wrongful-Discharge-for-Complaining-to-an-Employer-or-OSHA-about-Unsafe-Work.htm#sthash.T6aCFH8l.dpuf

wallstreetfighter :

In terms of FMLA,

Customer: My sister now has to take off work today, because hospice is coming to put a morphine pump in.
Customer: Yes, I apologize I should have stated I had 2 issues.
wallstreetfighter :

a grandparents illness is not covered under the Federal FMLA law,

wallstreetfighter :

so the employer would be able to deny the request, as the FMLA defines family as immediate members,

Customer: The boiler room project is already done. Can I still file regardless?
wallstreetfighter :

Yes, if the employer failed to advise you that you would or could face asbestos exposure

wallstreetfighter :

a complaint should be made,

Customer: Ok. Should retain legal counsel ? Because they will terminate if they find out who filed
Customer: theyvefiles they've done it before
wallstreetfighter :

I would discuss the matter with a personal injury or workmans compensation attorney as well,

wallstreetfighter :

if you have any injury you may have a valid lawsuit against the employer as well,

wallstreetfighter :

If they try to retaliate against you,

wallstreetfighter :

you could sue them for retaliation as well,

Customer: Ok great. I appreciate your help.
wallstreetfighter :

Good luck, and if possible have a full medical exam to see if you had any exposure,

wallstreetfighter :

if you do you may have a workers compensation claim as well.

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback,

Customer: Thanks i will go this week.
wallstreetfighter :

good luck

Customer: Absolutely satisfied. Thanks again
wallstreetfighter :

thank you

wallstreetfighter and other Employment Law Specialists are ready to help you

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