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  #1  
Old 09-21-2009, 07:03 PM
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Join Date: Sep 2009
Location: san diego, ca
Posts: 3

Car crashed into my store


What is the name of your state (only U.S. law)? CA

Late last year I was working at a (popular) video rental store when a SUV came plowing through the entrance. The man had an asthma attack and punched the gas instead of the break. No one was harmed - customer or employee.

I just found it odd that instead of getting sent home and closing down the store until it was safe to reopen, they instead were focused only on money losses. I stayed an hour and a half later than I was scheduled. The district leader (very rude and condescending man) was there when we were sweeping up the cement and glass from the floor. Without asking my coworker and I personally if we were alright he said "Gee wiz, give me that." and grabbed the shovel from my hands. He followed with "Have you never done any yard work in your life?" I might be sensitive but this hurt me very much emotionally.

A week later I noticed I had a cough and felt something in my throat. My coworker that was with me that night had the same thing.

I called my works human resources line and they told me to go to the Poison Center if I'm worried that I may have inhaled anything. I asked if there was anything ethically wrong with the events that unfolded and they said no.

I stopped working there in January and I interviewed to be rehired recently. The new store manager talked to the old one (who was there when I asked ethical questions) and the same district leader. Both of them gave bad reviews of me and one of them (not sure which) informed the new manager that I called HR.

(On a side note, that changed my entire perspective of Human Resources. Since when is it wrong to ask questions?)

If they don't hire me, could I potentially sue because I simply called HR to ask ethical questions? Or do I have a case on the other things above?

Thanks!

Last edited by eternaltruth; 09-21-2009 at 07:10 PM.
  #2  
Old 09-21-2009, 07:10 PM
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did you go to the poison control center? see a doctor?

Last edited by IsabellaSoriano; 09-21-2009 at 07:14 PM.
  #3  
Old 09-21-2009, 07:12 PM
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Did you go to the doc, as recommended by the company?

ETA: Sorra Isabella - your post didn't show up while I was typing.
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  #4  
Old 09-21-2009, 07:14 PM
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Quote:
Originally Posted by Zigner View Post
Did you go to the doc, as recommended by the company?

ETA: Sorra Isabella - your post didn't show up while I was typing.
. i beat you!!
  #5  
Old 09-21-2009, 07:18 PM
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Their store got damaged. THEY lost money simply because the store got damaged. They shifted your duties to sweeping the floor rather than ringing out customers. You don;t make any claim of actual injury from the incident. You quit and now when you want to get rehired, the old manage let another manager know what he thought of you and you aren't getting rehired.


Maybe I'm missing something but I don't see anything wrong with the picture.
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  #6  
Old 09-21-2009, 09:47 PM
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I did not go and see a doc because the cough went away after about a week.

So i'm guessing unless I could prove that I got sick because of this incident I have nothing?

I found it extremely off that they "shifted my duties" to scooping up hazardous material while talking trash to me at the same time. I took business law at a community college.. I guess ill dig out the book.
  #7  
Old 09-21-2009, 09:54 PM
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Quote:
Originally Posted by eternaltruth View Post
I did not go and see a doc because the cough went away after about a week.

So i'm guessing unless I could prove that I got sick because of this incident I have nothing?

I found it extremely off that they "shifted my duties" to scooping up hazardous material while talking trash to me at the same time. I took business law at a community college.. I guess ill dig out the book.
nope, nothing.

employers are legally allowed to shift work duties.

and yes, it is legal to trash talk employees. (i found out the hard way on that one)

who deemed the materials hazardous? a hazmat crew?
  #8  
Old 09-21-2009, 09:58 PM
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Quote:
eternaltruth;2364796]I did not go and see a doc because the cough went away after about a week.

So i'm guessing unless I could prove that I got sick because of this incident I have nothing?
you wouldn't have anything if you could prove you got sick because of this.

Quote:
I found it extremely off that they "shifted my duties" to scooping up hazardous material while talking trash to me at the same time. I took business law at a community college.. I guess ill dig out the book.
well, unless you had a contract specifying your job duties, you were being paid to work, period. They could tell you to do anything that was not illegal and you would be expected to do it. Anything less would be insubordination.

and unless there was asbestos in the mix, there was nothing that the minimal exposure you were subjected to of dust would be considered to be hazardous.

and to the talking trash; nothing I saw that was overly rough. If you sweep like you have never done any yard work before, what was wrong with the boss saying that. Even if he was being mean and yelled at you about it, it would still not be illegal.
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  #9  
Old 09-21-2009, 10:36 PM
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Eff my life.
  #10  
Old 09-21-2009, 10:49 PM
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Quote:
Originally Posted by eternaltruth View Post
Eff my life.
Now now...

I am pretty sure that working at the local video store will not be the highlight of your life.

As to the rest... since you guys were already cleaning the toilets, I think it would be tough to explain to a judge that any other job was worse.

Now... if that WAS the highlight of your life... than yeah, I am with you.
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Quote:
Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
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