Is he entitled to a loss of job lawsuit?

[beacher]

My BF worked in a machine shop for 9mos. A few weeks ago a coworker died due to an old faulty lathe machine. The shop is old and so are the machines. The lathe was whizzing and shut itself down. The co worker went over and hit restart, the machine whizzed again and a disc that was being manufactured shot thru the protective shield and got him in the jugular vein. He died instantly. My BF was the only one to get a rag and lie on the ground next to him in a pool of blood trying to stop the bleeding. People working there 10-20-30yrs stood back. My BF was the only one to try and help. The company shut down for a week, for a possible OSHA inspection. The following week the shop opened and they did not call my BF to resume work. He lost his job. On that day he was questioned by OSHA and police. He was honest and in severe shock with blood still on his hands. He stated the shop was not up to par and very run down with old machines. He lost his job over being honest with the investigation. Can he sue? Is he entitled to compensation other than unemployment benefits which is approved by this company as a layoff? They never even told him he was let go. They just opened the shop without him. He is also petrified to operate machines as such in his future. And feels this company ruined his state of mind as a machinist. Everytime I picture him in that situation on the floor I feel so bad for him. I told him he was a hero for being brave enough to get down on the floor to help. Can he sue? Should he follow with legal proceedings?

[sebastiano53]

You say he lost his job but the company never formally informed him. How did he hear of the shop returning to operation?
He might have a cause for action (suit) But the company might use as a defense thay he never showed up for work. Did he actually go into the shop and return to his position? You should not assume that they fired him or laid him off. Only after the company gives notice to him that he is not to return to work can the action begin. The company must state why.
Let me know what happens and good luck to you both

[oz]

First thing you need to do is determine if he was actually fired. It seems like you indicated that he was laid off, but make sure.

After that, you may have a potential wrongful termination lawsuit on your hands. Typically, employers are prohibited from firing or discriminating against people based on their race, religion, or disability. This is true regardless of whether the employment was at will or via a contract.

Employers are also not allowed to fire an employee in retaliation for reporting OSHA violations. The facts you provided hint that this might've been the be situation in your boyfriend's case. However, you'll need to get a better assessment of you case. Contact an employment lawyer, or if you can't afford one, you may want to do your own research beforehand to see if you've met the elements of a wrongful termination case.

[calin]

You don't know exactly why he wasn't called back to work. Perhaps when they reopened they decided to downsize. He may have been the last person hired, thus the first to get laid off. How does he know he lost his job? Did they notify him, was he told via phone or email?

It doesn't seem likely that he would be terminated for what he did when the accident happened.

He should file for unemployment, then all the facts will come out. It's really his issue and you only know his side of what happened. There are always two sides to everything.

Right now, he has no basis for a law suit. He was not injured and his state of mind would not be considered to be an injury.

[hackett]

Of course, it's unfortunate what your boyfriend experienced. But I think you are mixing things together that shouldn't be and I don't think you have a case.

Just because the shop is old and the machines are old does not mean they are broken. I doubt that your boyfriend has the skills to determine if the machinery is up to par. If he does why isn't he in a different job. Finding skilled maintenance mechanics is difficult and expensive. If your boyfriend has these skills, why isn't he doing these jobs = it is VERY VERY VERY easy to find a job in this field.
= but it doesn't really matter because the OSHA inspectors already know that it's your boyfriend's opinion and, althought it may be true, they know your boyfriend doesn't have the skills to assess this.
= I doubt this is the reason that he lost his job.

i don't know the specific machine shop this occured in. Understanding OSHA requirements in general, my guess is that the individual who died was performing an unsafe procedure. It was unlikely that the machine was suppose to be restarted in the manner it was (the restart button is pressed when 1/2 finished items are in it.

No the protective shield should not have broken, but whether it was new or old, is probably not at issue. It was probably never designed to withstand the force of that whirling disc that cracked it. And would be called a "freak" accident.

Since the shop reopened and he was not notified. Was it because he talked bad about the employer to the investigators? Maybe.... But you can't prove it.... another simple explanation is that they are expecting a downturn in business over the incidient and they don't need as much help as they did. Your boyfriend has short tenure so he is the one that is out.

Although it's inhumane, it's not normal protocal to touch someone who is bleeding without protective gloves on. Was it taught at your boyfriend's job to not do this? I don't know. Are the other employees aware this isn't very safe and that is why they didn't help? I don't know. Did they just freeze when they saw their co worker dying? Probably = yes. Should your boyfriend have help? He created a medical risk to himself by doing so. Yes, it makes him "one of the good guys". Is he a hero? Not a word I would use to describe the situation.

The only thing I think your boyfriend may have a case for is a workers comp case related to his emotional state based on the accident.

And he can also file for unemployment. The company he worked for does not determine if he is eligible. The state reviews both sides of the case and then makes a determination.

[stein74]

Of course, it's unfortunate what your boyfriend experienced. But I think you are mixing things together that shouldn't be and I don't think you have a case.

Just because the shop is old and the machines are old does not mean they are broken. I doubt that your boyfriend has the skills to determine if the machinery is up to par. If he does why isn't he in a different job. Finding skilled maintenance mechanics is difficult and expensive. If your boyfriend has these skills, why isn't he doing these jobs = it is VERY VERY VERY easy to find a job in this field.
= but it doesn't really matter because the OSHA inspectors already know that it's your boyfriend's opinion and, althought it may be true, they know your boyfriend doesn't have the skills to assess this.
= I doubt this is the reason that he lost his job.

i don't know the specific machine shop this occured in. Understanding OSHA requirements in general, my guess is that the individual who died was performing an unsafe procedure. It was unlikely that the machine was suppose to be restarted in the manner it was (the restart button is pressed when 1/2 finished items are in it.

No the protective shield should not have broken, but whether it was new or old, is probably not at issue. It was probably never designed to withstand the force of that whirling disc that cracked it. And would be called a "freak" accident.

Since the shop reopened and he was not notified. Was it because he talked bad about the employer to the investigators? Maybe.... But you can't prove it.... another simple explanation is that they are expecting a downturn in business over the incidient and they don't need as much help as they did. Your boyfriend has short tenure so he is the one that is out.

Although it's inhumane, it's not normal protocal to touch someone who is bleeding without protective gloves on. Was it taught at your boyfriend's job to not do this? I don't know. Are the other employees aware this isn't very safe and that is why they didn't help? I don't know. Did they just freeze when they saw their co worker dying? Probably = yes. Should your boyfriend have help? He created a medical risk to himself by doing so. Yes, it makes him "one of the good guys". Is he a hero? Not a word I would use to describe the situation.

The only thing I think your boyfriend may have a case for is a workers comp case related to his emotional state based on the accident.

And he can also file for unemployment. The company he worked for does not determine if he is eligible. The state reviews both sides of the case and then makes a determination.

If he is petrified to work the equipment, why would they keep him on the job? And if you were not there, you really don't know what he said to his employer when he was still in shock from the accident. If they reopened, the violations, if any were found by OSHA, were not severe, and if they were not arrested for negligent homicide, the accident was not determined to be the fault of the shop or the old equipment. If you decide to sue, you are going to have a rocky road, because they have any number of reasons to have let him go, and you have only one hypothetical hook to hang your case on. If you have the time and money, you can pursue it, but I think your time and efforts would be better spent on finding him a new, safer and better job where he can work without fear.

[deangelo51]

He needs to contact OSHA. They have a whistle-blower program that will back him. It is illegal to terminate anyone that helps OSHA during an investigation. Make sure he calls the regional to file a formal complaint.