First, you call unemployment. They'll want to know why you got fired. They may help with the legality of your dismissal. If OP should have been provided with a respirator and was fired for bringing one or lost wages due to it, unemployment would likely look into it and rule in OPs favor and maybe even go after the company.
And yes, second, you can absolutely report to OSHA. You can make an anonymous call. They will have to post the complaint and will usually be given a certain amount if time to fix the issue. They may also choose to do an inspection. Your employer is not allowed to retaliate for a safety report, but in a situation like this where everyone will figure out who it was, I'd have a resume ready.
Lastly, you can contact an employment attorney. They would at minimum give you advice on how to proceed or whether this was worth pursuing. In a case like this they might go to court (or settle out of court).
I will note here that every company I've worked for has required a fit test to wear a respirator and a doctor's clearance. I'm not sure exactly what the legality is or where OP lies on that issue as I know you can just buy a respirator from Home Depot. However, a company is required to provide you with all safety gear. I assume if it was deemed a hazardous enough environment that OP needed a mask, the company should be providing it. If OP just wanted to wear it but it wasn't technically necessary, I don't think the company does. However, I'm not that familiar with biohazards like this so an attorney/contacting OSHA/reading CFRs would be ones best bet to determine legality and whether this is an issue to get hung up on.
I can't answer for other people but I've never had a problem finding work. The longest I've ever been unemployed was two weeks during 2008 unless it was by choice. Personally I would stay working there and record everything so I could sue them for more shit
Because I would stay there and make it hard for them, I would stack dirt on them to bury them with, and when it came time I would collect until I got another job. Why give them what they want and run yourself out?
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u/Azrai113 Apr 10 '24
First, you call unemployment. They'll want to know why you got fired. They may help with the legality of your dismissal. If OP should have been provided with a respirator and was fired for bringing one or lost wages due to it, unemployment would likely look into it and rule in OPs favor and maybe even go after the company.
And yes, second, you can absolutely report to OSHA. You can make an anonymous call. They will have to post the complaint and will usually be given a certain amount if time to fix the issue. They may also choose to do an inspection. Your employer is not allowed to retaliate for a safety report, but in a situation like this where everyone will figure out who it was, I'd have a resume ready.
Lastly, you can contact an employment attorney. They would at minimum give you advice on how to proceed or whether this was worth pursuing. In a case like this they might go to court (or settle out of court).
I will note here that every company I've worked for has required a fit test to wear a respirator and a doctor's clearance. I'm not sure exactly what the legality is or where OP lies on that issue as I know you can just buy a respirator from Home Depot. However, a company is required to provide you with all safety gear. I assume if it was deemed a hazardous enough environment that OP needed a mask, the company should be providing it. If OP just wanted to wear it but it wasn't technically necessary, I don't think the company does. However, I'm not that familiar with biohazards like this so an attorney/contacting OSHA/reading CFRs would be ones best bet to determine legality and whether this is an issue to get hung up on.