• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Dangerous working conditions

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

O

overlord

Guest
What is the name of your state?
North Carolina
Hi, I work at a manufacturing plant in the plastics industry. We have in exess of 30 employees, and the owners have other facilities, in different branches of the same corp.
I have been at this facility for 2 years as of May 7. I worked for this company as a temporary for three months prior to this. I am one of a few operators of a large machine called a Thermo former, or a "Continious in-line thermo former". These machines, due to the complexity, and sheer size, have been a MINIMUM two-person position, per machine for the past 13 years (we have 3). Now these machines utilize a moving indexing chain drive system to index sheet plastic stock, into a high-heat oven configuration, then into a mold, that clamps at a force of 40 tons, to mold parts for our products.
The owner has given his daughter the position of Plant Manager, and she has no knowlede of these machines, and is forcing us to operate them by-ourselves (No helper) surring the day, and at night, with absolutely no supervision. We have been to her several times concerning safety issues, and have had no luck convincing them of these dangers.
Last night I was injured, and had to be taken to the E.R. Luckily my friend, and co-worker was there near-by, and could help me. When I called her today to check-in and to make-sure she had seen the report I left, she is talking about firing me! Saying she has to think about what she's going to do, and wants me to come up there tomorrow, to let me know. She was very beligerent, and it seems all-the-sudden, my job performance isn't acceptable. I have production reports, that show for the last several months, my performance was as good as, or better than the other operators on the same machines. I had a hard time twice in the last two weeks, where the plastic wouldn't run properly, and even called her in, to see the mess. The rest of the past, over 2 years has been totally satisfactory.
Do I have a case against them, if she forces me to resign, or downright fires me?
Please help!:confused:
 


S

Sinsaint26

Guest
First off do not quit. If she wants you gone make her do it. It is illegal to terminate someone because they were injured on the job. Secondly, although I am not familiar with the type of machine you run I am familiar with large machinary from my past job. The company who manufactures this machine should have what they call an optimal operating manual which tells the buyer (your company) how the machine should be run to be at it's safest and most efficient. You may even be able to look up the manufacturer on line and see if they have the requirements on their web site. I see this as being very unsafe just for the fact that if one person is running the machine and that person gets caught, more than likely he will not be able to shut the machine down. I can't imagine that the producer of this machine would think it's safe for only one person to be on it. You can also call OSHA. Although I'm not positive that they could help, you might be able to explain the machine and the working conditions to see what they think. Good luck.
 
O

overlord

Guest
Thanks for that good advice. No I won't quit, she's going to have to fire me, and give me a reason why, she's not too intelligent, but I don't think she'd officially do it for the small injury I claimed. I went to the E.R. With two mashed fingers on my left hand, and I even gave them my insurance card, because we don't have a supervisor, no one to call to verify WK. we have just 2 of us most of the time, all night-every night.
I've looked at the website that manufactures these machines, and I don't see what your'e describing, I wasn't even trained on this new machine, just was put on it one day, and told to run it. I had to call over one of the other guys, who has operated it, to show me the basics. I still don't know how to run alot of the controlls on it. One night last week, it broke a chain, and I was too-far away from the controll pannel to get it stopped before it ruinned the whole chain. She was going around and asking my co-workers a bunch of questions like"How long did you hear the noise before he stopped it", and the like. They all came right back to me, and said she was trying to make a case against me, and make me pay for a new chain, which was $2000.00. I really think she's sore over that, and I also think she's wanting to make an example out of me, to scare the other guys. I couldn't have gotten to the controlls in time to stop it, I was at the other end of it completely. Now had there been two people on it, then yes, between us, we probably could've gotten it stopped in time. Had there been two on my machine last night, I wouldn't have gotten my hand smashed either. That is the main reason for a 2 operator configuration. I will go in tomorrow, and sit down with her, and try to talk like rational people, but I know she'll srtart cussing at me like she always does....Like she did when I called her, to check-in yesterday, I'm sitting here in pain, and on meds, and she's screamming at me!
This situation is out-of hand, and is a prime example of what happens when you give a spoiled child that kind of authority. She's a share holder, and she basically thinks she can do what she wants!
God help us all!:confused:
 
O

overlord

Guest
I am supposed to see a bone specialist tomorrow, regarding my hand, after that, I'll go in to try to get my check, and probably run into the manager. Some advice???How should I handle this situation, and what things should I not say?
I have so much to loose!!!!
 

Beth3

Senior Member
What has happened here is that the owner has put his daughter in a position way over her head. He's done her a terrible disservice. When a company owner brings their child into their company (which happens quite often), they are so much better off starting their kid off in a position where they can (a) do no harm and (b) learn the business from the ground up. Sounds like she's overcompensating for her lack of experience by being a bully and covering up awful decisions with even more awful decisions.

Overlord, what is your relationship with the owner? Do you know him at all? How approachable might he be on the issue of safety in the plant? You do not want to tell him what a disaster his daughter is but if he's an astute business person, he has a huge vested interest in the safe operations of his facilities. Shame on him for not knowing what's going on but the repercussions to the business if an employee is seriously injured or worse are significant. Not to mention how a business owner would feel if something tragic and preventable happened on his watch.

Going to the owner obviously has some risk associated with it but you are in a serious position yourself - losing your job and/or running the risk of having a crippling, life-altering injury.

If it's possible, I suggest you speak to the owner about serious safety concerns in the plant. If you can get several co-workers to join you in meeting with the owner or contacting him in some manner, I'd suggest you do so. Again, focus on safety issues, not what a horrible job his daughter is doing. Let Dad draw his own conclusions on that score. If that's not an option, then contact OSHA and file a complaint.

If the daughter is indeed so stupid as to fire you, then contact a worker's compensation attorney immediately. Good luck.
 
O

overlord

Guest
Nope, never met that particular owner. He is partners with another gentleman, who, from what we hear is completely disgusted with what he's done(putting her in that position) He took a veteran manager, who is 66 years-old with 35 years experience managing manufacturing facilities like this one, and basically pushed him aside. That place was a wonderful place to work, we were all like one-big-family! Now everyone hates thier job, and hates her. Hows that for a disaster? If I loose that job, it will be trully a sad state of affairs.....
When I was talking to her yesterday on the phone, I told her I was unhappy working on those machines at night alone, and she said....Her exact words were" That's the way **** is" This is the mentallity that we have to deal with here!
I guess we just need to call OSHA....Wev'e been all talking about that for the past week, (amongst ourselves). I just hate to cause the company, as a whole any grief, does that make sense???
I just really don't know what to expect tomorrow. She hasn't called me back, and said I was fired, I guess that's a positive sign, hu? She probably had a chance to talk to some of her people, and they set her straight, as far as procedures like this. She's got my number real handy...Calls it all the time, needing something, or telling me there's no work, and to stay home that night. The whole place is comming apart! This time of the year is our peak season, and we don't have any orders so far! I wonder why??????
 

Beth3

Senior Member
Sounds like it was a decent place to work that is now falling apart due to a really really bad decision to put her in as PM.

It's up to you how you want to proceed. Whether you want to wait and see what happens, whether you want to try to contact one of the owners about the safety issues, or whether you want to contact OSHA. I do understand you're not wanting to cause the company a lot of grief but keep in mind your personal safety and that of your co-workers is apparently at considerable risk. If there's any way to contact one of the owners and let him know about the serious safety exposures that are taking place, you would be doing the company a favor by doing so.

Good luck.
 
O

overlord

Guest
Well, stupid be-snitch fired me! I went to that orthopedist I was talking about yesterday. When I was done, I swung-by work, to drop off the papers they gave me, and I found her in the shipping area. When I walked up on her, she didn't even speak to me. I reached-out the papers I had, she took them, and said "You have to come back Monday" I was like "What the heck you talking about" I'm here now, you want to sit down ant hammer out some issues between us, let's go....She was all like nope, I don't have time...Have to come in monday, and discuss, whatever, then she just turned her back on me, and refused to talk to me anymore! I walked out, went up the street, and realized I forgot to get my paycheck. I turned around, went back up there, and caught her coming out for lunch. I asked her "Can I please get my check"? She says no, I can't have it I have to come back monday. I said wait a minuite...It's friday, and payday is Thursday, I need my check please... She says Fine, give me your key, your'e FIRED! Turn - in your uniforms.
So I went down to file for un-employment..........
I called Labor board, and they say she can fire me at any time for any reason, I don't have a case.........
Is there a lawyer out there who wants to sue her for me?????? You all know That was in retalliation for filing that WK, claim. I said she was not too bright, didn't I???
Thoughts, Opinions, advice....Please!!!!!!
 
S

Sinsaint26

Guest
Since you already filed for UC benefits, the next thing you need to do first thing Monday is call a WC attorney. What she did sounds very much like retaliation. By the way, did she give you an explanation for your termination?
 
O

overlord

Guest
Nope, it was just as I said earlier....Turn in your key...Your fired!
No explanation..No reason why, not even a "Kiss my ass"
Just Your fired.
 
P

poleaxed

Guest
I worked with thermo-formers, making cups, for eleven years. I now shudder to think of some of the stuff we operaters would do that was so against all safety rules, just to save time. We at least made sure someone was watching our back.

Then my lead got his head mashed, and OSHA came in, and changed our world.

Apart from your firing woes, OSHA needs to be made aware of what is going on, before someone suffers more than a couple smashed fingers.
 

Beth3

Senior Member
overlord, contact a worker's comp attorney on Monday. If you need help finding one, call your State Bar Association and ask for referrals to WC attornies in your area.

You won't find an attorney via a website.

Good luck.
 
O

overlord

Guest
We have our annual profit sharing meeting on Tues. We all get our profit-sharing checks.....I'm supposed to get over $700., Can they keep that from me????? I mean, Aren't I leagally entitled to that money, since I contributed to the company's profits all of last year??? I know the checks are already cut, and I know there's one there for me!
If so, Could I get it back with a legal fight?
Opinions, Please!!!!!
This is such a friggin' mess! How does this stuff happen????
 

Beth3

Senior Member
overlord, it all depends upon the terms of the employer's Profit-Sharing Plan. Some only require that the person be employed at the time profit sharing contributions are calculated; some require that the person be employed at the time profit sharing is distributed. It also depends on whether this is a formal ERISA-type plan subject to federal benefit laws, or whether it's an informal compensation plan based on employer policy.

Again, the best advice I can give you is to consult with a WC attorney as quickly as possible.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top