Jeremy Diehl says he was fired from his job at US Foods in Centennial after he complained about workplace safety to the OccupationalSafetyandHealth Administration. Rob Low reports.
I was involved in an accident at work on 9/13 I was hit by a reach truck driver while I was working up in the air on an order picker. The employer took no pictures and I went home for the day. I was in what I believe was severe distress and requested to be seen by the doctor to make sure everything was okay. The next day I truly believe that I was wrongfully terminated due to retaliation.
You were and they likely terminated you because they failed to call and file an incident report and they tried to cover their tracks. File an osha complaint , call their corporate office and tell them you were injured and file ASAP. Injuries in Texas automatically sent to care are charged 8k immediately to the business responsible for the injury. Sounds like they tried to hide your injury
@@1snakemanvrod Ya, I was going to say the same. That's usually how it goes. HR is also not your friend if people think that. HR is there to give the company a heads up.
@@unstablesounds1003 doesn't matter if the people you work with know or it's obvious because other employees are too scared to stand up for themselves.
Courts will view proximity of a firing event to the employee's report as a strong correlation to the protected behavior. As such, it is likely to be ruled retaliation.
First, the Con Edison has failed to prove that Butler’s non-criminal consumption of a legal substance rose to the level of abuse or that Butler’s consumption of alcohol adversely affected his job performance or the public’s trust (whatever that is). Moreover, the only consequence of off-duty chemical substance abuse is that the employee will be sent for a JFE. Here, Butler was sent for a JFE on December 16, 2014 tested negative for drugs and alcohol. On December 13, 2014, Butler was purported observed by Officer Brito moving from the driver’s seat to the passenger seat a couple of hundred yards from the DWI checkpoint. Officer Brito did not testify that Butler was driving erratically or displayed other indicia of someone that was driving while impaired. The Union concedes that Officer Brito’s assumption that Butler’s actions were to avoid being identified as either a driver who had been drinking or a driver who might not have had a valid license is reasonable. It is also reasonable for Officer Brito to assume that if he could see Butler then Butler could see him. That assumption is not reasonable. Officer Brito also demonstrated his expertise and training in many facets of alcohol and drug testing but the only verified test result was the breathalyzer results. This is important because clearly Brito had an animus against Butler. Brito testified that Butler was quietly being difficult and when Brito was asked why he issued Butler a summons for refusing to test AFTER he submitted to a breathalyzer test Brito testified that Butler was walking out of the police station with a summons regardless. Butler was issued a summons that was so patently meritless that the Westchester District Attorney’s office did not even submit opposition to Butler’s motion to dismiss. (Union Exhibit “2“) The Union submits that Brito’s testimony is troubling. A police officer charged with upholding the law and who described himself as an expert in the observation of behavior under the influence of drugs and alcohol and who is also charged with knowledge of the NYS Vehicle and Traffic Law issued a summons that (based on his expertise) he had to know was invalid Brito practically admitted that since Butler gave him a hard time and wasted his time that night (because he did not engage in criminal conduct), he was going to give Butler a hard time. That hard time translated into the issuance of an invalid summons that forced Butler to retain counsel and utterly wasted the time of the Court that dismissed the summons that the Westchester County determined unworthy of opposition.
I know OSHA won't respond. OSHA failed me. I filed a workplace retaliation complaint after I filed with the health department. OSHA said they could not follow-up because it was MORE than 30 days. I didn't even know OSHA existed. oh, 40 days, is SO extreme! Really, the big corps want you to be their disposable condom. Used, abused and then boom bye bye. I am very sick now with bioterrorism mycotoxins from a dilapidated workplace.
He was already on suspension before OSHA showed up. In other words, he was already in trouble at work so to save face he told on them. The fact that the firing happened on the same day is proof that is was not retaliation. Firing someone takes more than a few minutes. If he was really concerned about the safety, why did he not get the pallets moved? he obviously worked there.
Not his job to move the pallets. You sound like the type of dude to ignore safety, call everyone else pussies and have a get er done mentality until someone gets hurt
The issue with the pallets isn't fixable by moving them. They don't have grates or platforms on that racking , they're balancing pallets strictly by The edge in a way that's not intended by the manufacturer or allowed by OSHA, you could move the pellet yes but you're just putting it in another spot and also adding stress by moving it, increasing the likelihood of a incident