Employers overworking employees forcing them to quit after medical problems occur
Do you keep track of how many hours you are working per month?
Many people who feel overworked simply quit when they have had enough and feel like nothing can be done. In reality the employer might be breaking state and federal laws and you do have rights you can exercise.
In a court case an industrial mechanic collapsed because of overwork and effectively sued his former employers in court for violating an employment agreement and the Federal Department of Labor Time and Attendance Law.
The claimant began earning a living for the employer as industrial mechanic in 1995 in addition to in 1998 ended up being awarded “Mechanic of the Year”. Even so, in 1999 he started working for the employer where found himself working 13 hours or more per day.
In this type of situation you need to keep exact track of your hours worked or even a copy of the schedule and who scheduled you to work it. If you ever speak to a supervisor regarding your displeasure of how many hours you work always write it down as it may come in support handy during an unemployment hearing or lawsuit.
In this case the claimant continuously complained to his employers that he was overworked even then the employer had taken no steps to resolve this. He had no assistants and other staff, who had previously quit and had never been replaced which were required as support for his position.
The claimant, who got refused to sign a document that limits the quantity of hours a worker can work, began suffering from headaches in addition to insomnia. By May 2000, he collapsed at the job suffering from a panic attack due to stress. In 2004, the claimant sued his employer for breaching the proper care of an employee owed to him as an employee in addition to violating federal overtime laws.
The initial court ruled that:
The employer had not taken realistic steps to ensure that the claimant wouldn’t work over 58 hrs, which was contributing to cause problems for his health and fitness, and of which resources were available to employ additional support workers for them; and The employer should fork out to the claimant $21, 000 in damages. The employer appealed this decision to the Court of Appeal which upheld the initial State Court’s ruling.
Comment: This circumstance highlights the necessity of not imposing extreme working hours and conditions on personnel and making certain employees possess sufficient workers support.
If you feel your employer is placing you in a situation like this and causing you to quit, or you feel the need to quit due to the conditions you must put up with it can affect your unemployment claim. Contact us to help guide you through the entire process to make sure you have the best possible chance to win.
For additional information regarding the Federal laws ALL employers must follow visit The U.S. Department of Labor website.