Thank you for that response.
Under these circumstances, this ex-employee does not have a legitimate claim against you. OSHA
regulations regarding the machines do not apply to non-work machines which are off limits, and the regulations do not apply to a business with under 10 employees. Further, if there were no injuries, then there is no basis on which to make an unsafe work place claim.
In regard to the potential claim of racism, this is only illegal when it is the basis for discrimination in employment. It is very hard for a person who is of the same race to claim racial discrimination, especially under circumstances such as here where he is actually the one who started the conversation. Further, the basis of the discrimination claim must be that an adverse employment action was taken against him on the basis of race.
Because he was terminated for taking too many sick days, and because he does not have any basis on which to say that this was a cover up to fire him based on his race, then he does not even have standing to bring a claim against you for this.
If he attempts to bring a claim, you will be able to have it dismissed almost immediately.
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