craneman72
Junior Member
What is the name of your state? West Virginia
I am a West Virginia Certified Crane Operator, I was hired by a company that, at the interview, was told I would make $ 25.00 per hour. After receiving my first paycheck for services rendered, I made only $ 22.00 per hour. The interviewer and I were the only recipients there at this discussion. I continued to work as a " crane operator " when I was told to go inside of an abandoned structure and start demolition on the building. I spoke to the supervisor about my job classification and his reply was that I was also a " laborer ". I continued to work as a laborer for the next couple of days. The building was saturated with dust that in some places was several inches thick. I have a chronic asthma condition ( that I was recently diagnosed with, while at this job ) and was recently seen by an allergy/asthma doctor. He/she notified me that dust was my number one allergen. I notified my supervisor and requested a respirator. His reply was that the job had just got into motion and the supplies were not available and that I would have to " improvise ". ( He also noted that I may not be capable of doing this job and I had to sign a piece of paper stating that I haven't had an attack for six months) I got very sick and ended up back at the doctors office. I tried to call into work that morning and there was no answer ( but I had my cell phone and the call I tried to make was recorded on my monthly statement,
I tried to call my employer on three seperate occasions.)
I also ended up in the emergency department at the hospital. I had doctor's excuses for my absences. I never received any warning - neither verbal or written prior to. I was supposed to be off from work x2 by the attending physician at the hospital but went to work the next day because I needed the money. I was told to go home. By the time I got home my boss had called my girlfriend and told her to tell me that I was fired.
I called my boss on his cellphone and he told me that I was fired for" no call-no show". I explained that I was in the ER department and he said he didn't care. I filed for unemployment and they fought my claim. They claimed I was fired for " no call - no show " and that I was fired for using profanity in which, I was pretty upset but never went overboard. I won my decision through the unemployment office and I've received a broad range of treatment for asthma attacks following the termination. I also learned that there was " live " asbestos in the buildings that we were working in and around. Those buildings were closed down by the EPA and asbestos workers came in and was clearing the buildings. The company sent several workers to the hospital for x-rays. None of the workers were provided with respirators including of course, myself. That was a year and a half ago and I know there is a statue of limitations but I'm UNSURE if this is worth pursuing.
I was off of work for approximately 6 to 7 months trying to heal from this condition. I hated going to bed for the fact that when I woke up, every morning was the same, attack, attack, attack. I'm getting somewhat better but still have this burden of attacks frequently. I'm working everyday and have been for some time as a crane operator and therefore UNSURE whether to proceed. I know it was morally wrong to fire me without " wanting " a reason of absence - I just don't know if it's the law ! P.S. This job was at a chemical plant and some of the work we were doing required permits to do and a couple of times we'd be working and the state would shut us down due to non permits. Any advice would be appreciated.
I am a West Virginia Certified Crane Operator, I was hired by a company that, at the interview, was told I would make $ 25.00 per hour. After receiving my first paycheck for services rendered, I made only $ 22.00 per hour. The interviewer and I were the only recipients there at this discussion. I continued to work as a " crane operator " when I was told to go inside of an abandoned structure and start demolition on the building. I spoke to the supervisor about my job classification and his reply was that I was also a " laborer ". I continued to work as a laborer for the next couple of days. The building was saturated with dust that in some places was several inches thick. I have a chronic asthma condition ( that I was recently diagnosed with, while at this job ) and was recently seen by an allergy/asthma doctor. He/she notified me that dust was my number one allergen. I notified my supervisor and requested a respirator. His reply was that the job had just got into motion and the supplies were not available and that I would have to " improvise ". ( He also noted that I may not be capable of doing this job and I had to sign a piece of paper stating that I haven't had an attack for six months) I got very sick and ended up back at the doctors office. I tried to call into work that morning and there was no answer ( but I had my cell phone and the call I tried to make was recorded on my monthly statement,
I tried to call my employer on three seperate occasions.)
I also ended up in the emergency department at the hospital. I had doctor's excuses for my absences. I never received any warning - neither verbal or written prior to. I was supposed to be off from work x2 by the attending physician at the hospital but went to work the next day because I needed the money. I was told to go home. By the time I got home my boss had called my girlfriend and told her to tell me that I was fired.
I called my boss on his cellphone and he told me that I was fired for" no call-no show". I explained that I was in the ER department and he said he didn't care. I filed for unemployment and they fought my claim. They claimed I was fired for " no call - no show " and that I was fired for using profanity in which, I was pretty upset but never went overboard. I won my decision through the unemployment office and I've received a broad range of treatment for asthma attacks following the termination. I also learned that there was " live " asbestos in the buildings that we were working in and around. Those buildings were closed down by the EPA and asbestos workers came in and was clearing the buildings. The company sent several workers to the hospital for x-rays. None of the workers were provided with respirators including of course, myself. That was a year and a half ago and I know there is a statue of limitations but I'm UNSURE if this is worth pursuing.
I was off of work for approximately 6 to 7 months trying to heal from this condition. I hated going to bed for the fact that when I woke up, every morning was the same, attack, attack, attack. I'm getting somewhat better but still have this burden of attacks frequently. I'm working everyday and have been for some time as a crane operator and therefore UNSURE whether to proceed. I know it was morally wrong to fire me without " wanting " a reason of absence - I just don't know if it's the law ! P.S. This job was at a chemical plant and some of the work we were doing required permits to do and a couple of times we'd be working and the state would shut us down due to non permits. Any advice would be appreciated.
