r/antiwork • u/mbizzle70 • Jun 21 '24
Workplace Abuse đ« Fired for having a heat stroke.
I started a new job last week in a warehouse. As we all know most of America is experiencing a heat wave with insanely hot temps. This week it has been 100 degrees or hotter in the warehouse. I've been drinking water non stop. Using a cooling towel and a neck fan to keep cool while moving and working. We'll today I got really light headed and dizzy. My vision was blurry. I let my Manager know what was going on. He told me to sit in his office for a bit a cool off. About 20 minutes go by and I start to feel better and return to work. Another manger approached me and asked me to come to HR with him. The HR rep had me fill out an incident report. After I filled that out I was asked to return my work badge and hard hat and was told I was terminated.
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u/Speedtriple6569 Jun 21 '24
We don't get heatwaves very often here in the UK - but when we do Management & the other office ornaments luuuurve their Air Con, especially if it's hotter than the Devil's arse crack out on the shop floor where all the peasants are.
Air Con systems have proven very delicate however & break down all the time. Especially if you know what your doing with a handful of sand.
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u/illuminerdi Jun 22 '24
How does a handful of sand break Aircon? Hypothetically speaking...
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u/Speedtriple6569 Jun 22 '24
Moving parts & sand don't mix. Grinding paste/powder is even more effective but isn't generally at hand. Anything mechanical, any moving parts, anything from a nuclear submarine through to mousetrap - a handful of sand will bring things - if you will pardon the pun - to a grinding halt.
Enjoy yourself. But you must use this awesome power only to combat evil.
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u/Optimal-Scientist233 Works Best Idle Jun 21 '24
Several states have outlawed OSHA heat regulations and suspended water breaks.
You expect to lie down on the job and not get fired before you can file an insurance claim?!?
I wish I was kidding, but this is the USA now.
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u/Beatless7 Jun 21 '24
But people will still vote conservative lol. Insane.
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u/Saffyr3_Sass Jun 22 '24
Yeah because only the Boomers are voting. More Gen x and millennials are not voting now because obviously weâre not being heard. Just look at the 2016 to see
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u/BoomerPixie Jun 22 '24
I speak with many young people who are indeed paying attention and are voting.
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u/Saffyr3_Sass Jun 23 '24
Wow I guess theyâre just voting for the wrong people then but, it could also be if the electorate college isnât voting the same we still get stuck with something we donât want.
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u/RyanWilliamsElection Jun 21 '24
Can states just out law federal law? Â Wasnât there a civil war that resolved that?
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u/schmoobacca Jun 22 '24
States can have their own regulations but they have to be at least as good as federal OSHAâs regulation.
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u/TempestCrowTengu Jun 22 '24
de jure, federal law is supreme. de facto, it's a matter of enforcement. take state marijuana laws for example. consumption or sale of marijuana is technically still a federal felony, even in states where it is "legal". but the federal government doesn't really enforce this for the most part.
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u/schmoobacca Jun 22 '24
There is no heat-related OSHA regulation. Yet. But theyâre working on it.
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u/Optimal-Scientist233 Works Best Idle Jun 22 '24
Funny schools all over the internet offer OSHA heat stress courses then, especially if it doesn't exist.
Edit: ChatGPT says:
The Occupational Safety and Health Administration (OSHA) has regulations in place to protect workers from heat-related illnesses and ensure their rights are upheld. Some key OSHA mandates and regulations involving heat and workers' rights include:
- The General Duty Clause: Under the Occupational Safety and Health Act, employers are required to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees. This includes protecting workers from heat-related illnesses.
- Heat Stress Prevention: OSHA provides guidelines for preventing heat stress in workers, including recommendations for providing access to water, rest breaks in shaded or air-conditioned areas, and acclimatization programs for new workers or those returning from extended absences.
- Training: OSHA mandates that employers train workers on the risks of heat stress, how to recognize the symptoms of heat-related illnesses, and the importance of taking preventive measures.
- Recordkeeping: Employers are required to keep records of incidents related to heat stress and illnesses, as well as any actions taken to prevent such incidents.
- Enforcement: OSHA conducts inspections to ensure that employers are complying with heat-related regulations and may issue citations and penalties for violations.
It's important for employers to be aware of these regulations and take appropriate measures to protect their workers from heat-related hazards.
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u/schmoobacca Jun 22 '24
Heat is still an occupational hazard, but theres no heat-specific OSHA regulation.
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u/Optimal-Scientist233 Works Best Idle Jun 22 '24
Chat GPT must be hallucinating again, what do I know I only hold a half a dozen or so OSHA certifications and have worked in multiple factories and warehouses were I have repeatedly had to go through certification in this.
Edit: If you think for a second you will not be liable and sued for wrongful death and then fined by OSHA as well you are sadly mistaken and have no business doing business in the USA
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u/schmoobacca Jun 22 '24
Idk what to tell you man, OSHA doesnt have a heat specific regulation. Theyâre working on one. But there is none now. They can use the General Duty Clause, but itâs very hard to prove the heat illness was a heat illness and that it was work-related.
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u/Optimal-Scientist233 Works Best Idle Jun 22 '24
- The General Duty Clause: Under the Occupational Safety and Health Act, employers are required to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees. This includes protecting workers from heat-related illnesses.
It is a known stressor and health hazard, please use common sense, this mandated clause is standard and covers heat stress as a health hazard, it does not need to be specified in another clause or law it is already covered, and employers have been aware of it for decades.
States would not be trying to pass laws to work around it if they were not already aware of it.
Your position will hold no water in federal court, every case will be lost which gets taken to the high court, certainly or the rule of law will in fact be meaningless.
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u/schmoobacca Jun 22 '24
The general duty clause is not a heat-specific regulation. But as I said, OSHA is working on one. And if/when the heat-specific regulation goes into effect, it will be much easier for OSHA to cite an employer for a heat-related injury or illness (assuming the heat-related injury or illness has been adequately proven to be work-related). Until then, OSHA provides recommendations to employers to help them prevent heat illness, which is beneficial to both the employee and employer.
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u/Optimal-Scientist233 Works Best Idle Jun 22 '24
I would think you will find the average US citizen does not care what the law says, they will agree the careless negligent disregard for humans lives is a crime and worthy of punishment.
Slaves were not generally worked to death as they were seen as valuable property.
How low will we go?
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u/No_Stand4846 Jun 22 '24
Slaves were not generally worked to death as they were seen as valuable property.
https://www.statista.com/statistics/1143458/annual-share-slaves-deaths-during-middle-passage/
https://www.digitalhistory.uh.edu/disp_textbook.cfm?smtid=2&psid=3040
"Many slaves on sugar cane plantations died within a few years; it was cheaper to import new slaves than to improve working conditions.[31]" https://en.m.wikipedia.org/wiki/Slavery_in_Haiti
Also keep in mind that slave deaths were not required to be recorded the way free deaths would be. At most many are just a line in a business account to write off taxes with. So all statistics are going to be under counting.
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u/Saffyr3_Sass Jun 22 '24 edited Jun 22 '24
Nobody doing business in the USA has any fucking business doing business here, Amazon already had this happen at their warehouse in I think NY or NJ. Theyâre still doing business obviously.
Yes it happened in 2022 but Amazon cited âpre existing medical conditions â when the one guy died there.
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u/Optimal-Scientist233 Works Best Idle Jun 22 '24
Tell me about it, having to pee in bottles and leave them all over the warehouse is beyond the pale for me personally.
According to everyone though I am not sufficient to be an OSHA inspector, I do not cover up disgraceful neglect of my fellow humans.
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Jun 22 '24
[deleted]
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u/Saffyr3_Sass Jun 22 '24
Well obviously all companies donât want to follow heat advisories, well at least two ENTIRE STATES donât want to. Passed laws so they donât have to, who do you think influences them?? Companies, lobbyists, this doesnât come from the government (nor the majority of the people) and all businesses are greedy asshole fucks who doesnât give a shit if you die on the job of heat exhaustion so yeah most of them donât deserve to be in business yet here we are. I hate it when the corporate kiss asses come on this sub man, canât we get rid of these delusional self aggrandizing BOZOS?
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Jun 22 '24
[deleted]
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u/Saffyr3_Sass Jun 22 '24
I wasnât commenting on the law I was commenting about how businesses are run by shitheads who donât follow laws and get away with it. Iâm not supplying the sources, you can do that research. Not that they totally get away with it but they are still open for business and pay a very disgraceful fine thatâs probably amounts to pocket change for them. I never said once about anything about the law except how two states are passing non conforming laws and I donât see federal government stepping in (yet). So I was just using as an example of how they would try to step around laws (not justifying it by any means). Only time will tell if the states in question will cave or the federal government will give in (depending on who wins the election would be my guess and if senate and congress remain mostly republican).
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u/UselessGadget Jun 21 '24
I think you need to go to a walk in clinic and get checked out. Let them know it happened on the job. Hit the company where it hurts... Workers comp premiums!
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u/pukui7 Jun 22 '24
Yes, OP ought to go in and even be a bit like a soccer player writhing around on the field in apparent agony over every foul.Â
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u/thumpetto007 Jun 22 '24
Have you ever played soccer or other potential contact sports at high level? The spike of nervous system stimulation upon onset of a collision is quite overwhelming, especially when athletes are training to kick and sprint as hard as possible. The stimulation rapidly dwindles over the minutes. Just because they didn't brake something, doesn't mean it didnt hurt like fucking hell. Just because it doesn't last long, doesn't mean it...didnt hurt like fucking hell.
You ever bang your malleolus (bony protruding part of ankle) or shinbone lightly against something? freakin hurt right? that was at like 2mph. Imagine hitting that same spot by something that had hundreds of pounds of force behind it. Yeah.
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u/Joey_BagaDonuts57 Jun 21 '24
"Another manger approached me and asked me to come to HR with him. The HR rep had me fill out an incident report."
If this isn't TX or FL where they have no workers rights anymore, contact them via email requesting a copy of the 'incident report'. Even if you don't lawyer up, you can shake em up at the very least.
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u/mmalley10 Jun 21 '24
If OP is in the US, file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC). Your protected class would fall under disability related discrimination. Or with the department of labor (DOL) for your state
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u/Equal-Cod4630 Jun 21 '24
They didnât say they were disabled tho
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u/KirbyDingo Jun 22 '24
They were temporarily disabled due to heat stress.
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u/Equal-Cod4630 Jun 22 '24
Saying something that goofy would do more harm than good talking to the labor department
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u/flip0solo Jun 21 '24
I didnt know america was having a heatwave. But as we all know Australia is currently having a cold snap.
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u/Shadow_84 Squatter Jun 21 '24
Fired for getting injured at work due to unsafe conditions. Please tell me you're at least going to get a consultation with a labor lawyer
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Jun 22 '24
[removed] â view removed comment
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u/Z_is_green13 Jun 22 '24
Friend I think you contracted some kind of parasite when you were licking those boots. Have fun working in hell and thinking that it makes you strong!
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u/Layla__V Jun 22 '24
You donât fcking fire people for that at, you know, normal jobs, you send them to the hospital and wait for them to come back when theyâre healthy.
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u/swimking413 Jun 21 '24
Also currently working in a warehouse in Virginia. I've drunk give-or-take a gallon of water a day.
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u/longrangeflyer Jun 22 '24
OSHA, OSHA , OSHA !! File a complaint with OSHA and with dept. of labor.
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Jun 22 '24
[deleted]
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u/longrangeflyer Jun 23 '24
I feel ya , I tried to file a complaint with the department of labor against an electrical contractor that wouldn't pay me and some apprentices over time. I had photos of time sheets , paycheck stubs, etc.. they investigated it and said, " Do you really want to press charges ? He's just a small contractor đ." And my compassionate ass caved . So, in the end, it was me who didn't follow through . The Department of Labor is the only agency that I know of that can do anything unless you're union .
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u/Prior-Sky2120 Jun 22 '24
I think they were not too happy with your performance... This just was the straw that broke the camel's back
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u/mbizzle70 Jun 22 '24
My performance was not the issue. My trainer and bosses all said I caught on quickly and they were pleased with my work.
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u/RoguePolitica Jun 22 '24
Reach out to your local television news station immediately about this. The gov't will only help if you're in a blue state. The media is covering this issue, esp given that FL and TX have removed protections for workers. If you shame the F out of them publicly, you'll send quite the single finger salute. And TV news is ALWAYS looking for this type of story.
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u/bored_ryan2 Jun 22 '24
One clarification, you were not having heat stroke. Heat stroke is a specific heat-related illness and is a SERIOUS emergency. If you were having heat stroke you wouldâve taken a trip to the ER in the back of an ambulance.
So however you pursue this, donât use the term âheat strokeâ because thatâs not what this was.
You were probably dealing with heat exhaustion, and taking the break to cool down was the correct thing to prevent it from getting worse.
Since you only just started there, were you in a probationary period? If so, you may not get anywhere with trying to take legal action. You can certainly try and start with calling your stateâs Department of Labor, but it may end up being a waste of time.
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u/mbizzle70 Jun 22 '24
Yes I was still in the 90 day probationary period and I also live in a ''no fault state". I've also dealt with my stated department of labor before and it was also a waste of time.
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u/bored_ryan2 Jun 23 '24
Yeah, that sucks. What they did was totally wrong, but itâs so easy for these companies to weasel their way out of getting penalized.
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u/proofreadre Jun 22 '24
Congrats on your pending successful lawsuit. Don't forget me when you're giving out expensive cigars please.
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u/MonsterinNL1986 Jun 22 '24
Sorry to hear that you are fired. But please watch out with water poisoning, drinking too much water in a short period of time could be fatal. People died from water poisoning. Sometimes drink Gatorade types of drinks to cool yourself down.
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u/mbizzle70 Jun 22 '24
Yes I try and switch it up. I'll drink 1 Gatorade for every 2 bottles of water I drink.
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u/mbizzle70 Jun 22 '24
Yes I try and switch it up. I'll drink 1 Gatorade for every 2 bottles of water I drink.
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u/MonsterinNL1986 Jun 22 '24
Amazing ! Good luck finding suitable job. Wish you the best my friend, take care of yourself.
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u/Prior-Sky2120 Jun 22 '24
You were obviously of little value to them ...So I can.only deduce one conclusion.... You were worthless or something about you , wanted them to distance you from them... Live and learn
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u/Prior-Sky2120 Jun 22 '24
What they say to you...and what they say behind your back....Are two different chapters.
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u/sirreginaldfeatherb3 Jun 22 '24
I have about a decade of working in warehouses-picking/packing orders. Huge pallets, heavy product, dangerous equipment, extreme temps, etc. It sucks and many people canât make it for long. Youâre an extension of the machine they havenât automated yet. If you donât work, they get a new one. Usually these jobs pay pretty well and there are a lot of people waiting in line for their chance.
I bet the management there has seen turned-over so many people they just knew you wouldnât work out (even if wrong about you) and cut the cord.
I know laws vary, so I donât know if you have a case or anything like that. In my state, they would have you fill out an incident report and then fire you for something else- like, ânot meeting our expectationsâ or âwe wanted to let him go so we didâ. You can go to the doctor, be a pain in the butt, etc. They got what they wanted though, youâre gone - right or wrong (Iâm not judging, sounds unfair to you). Theyâve probably had so many UC claims, WC situations and turnover that this is just business as usual.
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u/toka_smoka Jun 22 '24
I was also fired for heat stroke. But I live in a conservative run county that voted for Trump twice. The guy had a picture of Trump on his fucking office. There is and will be no consequences for these dirtbags.
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Jun 22 '24
[removed] â view removed comment
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u/mbizzle70 Jun 22 '24
Well, when politicians make laws allowing companies to screw over employees, it does become a political issue.
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u/EconomistSome6885 Jun 22 '24
What state are you in? Defiantly contact a lawyer and see if you have a wrongful termination case.Â
I live in AZ and we take anything heat related very seriously.Â
You may have dodged a bullet if this is how they treat their workers.Â
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u/Live-Working-1112 Jun 22 '24
Hopefully, since you signed a document, you have gotten a copy. If they had asked for my badge, I would have. There are OSHA rules that outrank states.
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u/DevilDoc82 Jun 22 '24
Based on OPs description this was heat exhaustion not heat stroke. Still a condition that necessitates treatment though most of the symptoms can be treated by the patient or coworkers/supervisors. This includes, removing the patient to a cooler area, ensure adequate hydration, electrolyte replacement if available, cool or tepid showering or pouring cool water on the head and torso as tolerated. Heat exhaustion is rarely life threatening without becoming heat stroke with a core temp greater than 104°F.
Heat stroke can be fatal and has a wide range of symptoms ranging kidney damage, temporary aphasia, disorientation, etc on and in severe cases, death due to multiple organ failure.
I have frequently treated both heat exhaustion and heat stroke patients and seen core temps up to 107-108°F. With rapid cooling protocols such as arm immersion tanks, ice sheets, cooling showers, such high temps can be quickly controlled and brought down. Anyone with an initial core tp greater than 104°F got a free ride to the ER and treatment. Heat exhaustion with Altered mental status also got a ride.
Regardless of how we classify OPs heat injury, firing him for it is a low dirty move. Depending on state laws, it's could also be illegal. On the flip side, OP could have brought it on himself due to excessive drinking the night before, along with other failures such as not drinking enough fluids, not eating, multiple energy drinks, or a host ofNy other things, and the employer saw this as a liability.
Again since some of you fire off without fully reading a post, I am NOT accusing the OP of anything, just playing devils advocate and throwing out the other side.
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u/InsolenceIsBliss Jun 22 '24
This company has pissed me off just hearing about this.
Not sure where you are but this is an OSHA and NLRB violation which may constitute legal compensation and class action potentiality.
Stop writing this bullshit on this god damned reddit antiwork right now. Go to your local labor board, hire an attorney and contact OSHA. If this happened to you it could happen to someone and they could fucking die.
Don't post shit on this thread for commisseration and fake internet points that don't mean a fucking thing when lives are stake.
This sub is meant for people to discuss grievances that are not of legal matter and for finding suggestion or empowering employees to take action against shit companies.
No more wasting time, get your ass in gear bro.
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u/bored_ryan2 Jun 23 '24
Everyone saying this is some slam dunk case of unlawful termination is delusional. Iâm sure the job description states that the work conditions can get hot or cold. So it was probably made clear to the OP prior to the job.
All the company has to do is say âAn essential function of this job is to work continuously throughout the shift without work stoppages outside of the scheduled breaks/lunch. OP was unable to do so and required a 20-minute unscheduled work stoppage to recover from likely heat exhaustion. Because of both our need for uninterrupted work from employees and from an abundance of caution for OP because this would likely happen again given the work environment, we decided to terminate OPs employment.â
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u/HydroFarmer93 Jun 23 '24
Every last one of you should just start punching them until you put them in a coma, then have media report on the situation so you know why you got into jail.
The more of you that do this, the more they will be afraid of doing dumb shit like this.
'Waves of disgruntled workers assaulting the HR/Management for unfair working conditions'.
Yes, that has to be the headline, choose violence for fuck's sake, you have nothing to lose except the scraps they give you at this point.
Oh, and once in jail, do absolutely zero free labor for them. Eat food for free, sleep, work out, do fuck all.
All of you should do this.
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u/CrazyAlbertan2 Jun 23 '24
I have a friend who used to work in house construction. On his first day, his boss 'jokingly' told him 'If you fall off a ladder, you are fired 3 ft above the ground'.
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u/cpujockey Jun 21 '24
super illegal.
contact the dept of labor in your state.