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I got extremely sick from working for a company that

I got extremely sick...

I got extremely sick from working for a company that demanded way too much overtime. It has completely destroyed my life

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Has anything been filed or reported?

Not as of yet I wound up quitting the job last year and my life has been he'll ever since with this health problwm

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well I guess the reason it's so devastating is because I had so much going for me and it's so unfair because I worked in this grocery store 4/3 years putting in Blood Sweat and Tears. I sustained multiple injuries due to negligence before this incident and applied for promotions and even transfers just to get out of the night crew and was denied on every level in a way that was pure prejudice

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Answered in 1 minute by:
3/8/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,138
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

I'm sorry to hear that you have faced this situation.

What is your question about these facts?

When you say pure prejudice, what do you mean? Discrimination due to your race, religion, gender, age or disability?

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Customer reply replied 1 month ago
I would like to know about the potential legal recources. The Discrimination was hard to define, but very clear, outright and unwarranted disfavor it ism. For the most part I would say I was a model employee. Even on paper I'm an obvious candidate for middle management in a grocery store. There was a position open in my department for 6 months for which I applied and was denied without any of the normal procedures that company mandates or any real reason for it whatsoever. After that dismissal I made further attempts simply to leave the night crew. During this time I sustained an injury working in the freezer because gloves were not provided to me. From that point on I was banned from doing anything in the store except for night crew by vindictive Middle manager who was convinced that I was simply there to get injured and collect money. This is because when I got injured after being forced to work in the freezer for way more than the company standard when you are allowed to transfer out of a department. I did in fact threaten to sue because I was so tired of being ignored has my request of just leave the freezer regardless of whether or not I got a promotion. The overtime we were required to work was obscene up to 16 hours a day at times. That is when my next problem arose period at the beginning of 2017 I got such a serious case of bronchitis I had to miss 4 weeks of work. This was due to a depressed immune system from overnight and over working. I was sick for so long that I eventually went up taking an organic antibiotic that changed my stomachs biome and left me vulnerable to a yeast overgrowth. This was also likely more of a risk for me because my immune system was so depleted by the 12 and 14 hour days and the lack of sunlight in a wintry Colorado town. Six months after the illness. I was stricken by low blood sugar attacks that literally forced me into quitting the job. The blood sugar was generated by the yeast overgrowth. And it took me multiple hospital visits doctor's office appointments Etc to figure out what was going on. The disease was so progressed by the time I figured out what was going on, it was barely manageable. I have to restrict my diet 2 three or four simple ingredients because everything else agitates the yeast infection. I have lost 20 or 30 lb. I'm filing for bankruptcy and have been unable to hold down a job since this happened I also gave up my Independence and Home in the town I loved and moved back in with my mother which is a total nightmare for me. The three and a half years I spent working at City Market prove that I am not an inconsistent employee normally and that these circumstances are purely the result of this horrifying turn of fate brought on bye horrible bad treatment period discrimination period and major negligence on the part of a company that should never have people who start their jobs at midnight working over 10 hours more often than not when they're scheduled to be there for 8 hours that day. That plus the fact that I did so much to move up or move out on that night for situation I feel my situation was personally persecutorial.
Customer reply replied 1 month ago
I would just like to add that I was a model employee for most of my time there. Other than the times I was actually sick with doctors notes every time my attendance record was perfect. I was on time more often than any boss and volunteered to work when people would call in sick more than anyone else ever. I have a college degree and was a straight-A student and not much has changed until now that my life and body are ruined by this disease. The one thing I will admit is that I did develop an anger problem over the situation and probably let it vent a little too much in the middle of the night in a breakroom with Rough and Tumble types who probably wouldn't have minded. I can't say for sure who would vouch for my Excellence as an employee in the situation or what other claims would be leveled against me buy known enemies within the organization but I happen to believe that just the attendance record and the video footage of the overtime which they are likely still forcing on their poor and helpless night crew should be able to substantiate the claim that the job/ discriminatory treatment effectivly ruined my life. It should also be noted that the clearest violation of the law and the situation applies to the entire night crew. We were never awarded brakes after I scheduled shift were over into 5 and 6 hours of overtime. I was told I could take breaks if I wanted to but whenever I did I was sought out by upper management and if not directly reprimanded my supervisor was made aware that I was "in the break room" as if it was something I was not allowed to do. The situation was always overwhelming and extreme in terms of what they were asking us to do on a nearly daily basis.

The problem with discrimination in the workplace is that it can't be hard to define. Favoritism is not illegal.

Unless you can say that you were discriminated against based on race, religion, gender, age or disability, there is no legal claim of discrimination in the workplace. This comes from the Supreme Court of the United States, so it is the universal truth of employment law we all operate under.

The Supreme Court stated that our employment laws are not a civility code and do not guarantee necessarily fair treatment in the workplace. Rather, they are narrowly tailored to deal with a limited set of strictly defined forms of discrimination, the list I keep mentioning.

So, if you cannot define the discrimination, you cannot state a claim.

Unfortunately, it is not considered negligence to have people work the shifts you were working. That is because it is common for people to work long hours without getting sick. Negligence requires engaging in an action where the known outcome is likely to be bad, and that just isn't the case.

I wish I could tell you differently here, but nothing that you have described creates a cause of action for you. I have nothing to gain by giving you bad news here. I sue employers for a living and so if I could tell you that you have a claim, I would. I'm simply respecting yo enough to be honest with you here.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,138
Experience: Employment/Labor Law Litigation
Verified
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Allen M., Esq.
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Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,138
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Experience: Employment/Labor Law Litigation

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