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Asked for msds sheets And was laid off

Owosso, MI |

was unloading Used hdpe pipe ,that was used for industrial potash Also was lead and senority guy on crew

Attorney Answers 3

Posted

Do you have witnesses? Sounds like retaliation to me!

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8 comments

Cristine Wasserman Rathe

Cristine Wasserman Rathe

Posted

What is the protected activity?

David B. Carter Jr.

David B. Carter Jr.

Posted

Th way I took the facts was that he requested the MSDS forms as a form of complaining or preparing to complain about work force safety. The employer then laid him off to squash the compliant or send a message to the other employees.

Cristine Wasserman Rathe

Cristine Wasserman Rathe

Posted

Okay. I think its a stretch but I can see where you are heading and if the employee has some additional information about comments he had made about contacting a public body - you might be able to get there. Judge Lostracco in Shiawassee County is generally pretty liberal, but I think there will have to be some strong facts putting the employer on notice of the 'about to' situation in order to reach the clear and convincing standard. In any event, good luck and thanks for responding.

David B. Carter Jr.

David B. Carter Jr.

Posted

I definitely would defer to your judgment in this area as you practice more in this area.

Cristine Wasserman Rathe

Cristine Wasserman Rathe

Posted

Thanks, but you are right. There may be something.

Asker

Posted

Msds -Owosso Yes I have witnesses Head security,two supervisors and five other crew members.I asked for msds sheets after unloading 46000 lbs truckload of used hdpe pi[pe I also unload ,cut up,rack up,and powerwash pipe After seeing rusty salt/crystals in large quantitys Big chunks AND finding a DANGER Radioation sticker on a pipe.Next day myself and 2 other crew members were called into owners son s office and I was handed a invoice of when it was bought brand new I stated that is not a msds sheet and I want to know what the pipe was used for ?What ran through pipe?he stated potash and tried to put me on phone w/company we bought used pipe from.Next day I show up w/msds sheets of what he said by product was --potash FROM the same company we bought used pipe off( That company had msds sheets online) That morning I asked both my supervisors and head security Why wasn't we given these msds sheets and HOW and Why would we be washing mitrate of potash down the drain???I was laid off within hour

Asker

Posted

also noted: I was lead /senority of crew and by far Best worker and that was known throughout shop

David B. Carter Jr.

David B. Carter Jr.

Posted

Sounds like you have a case. I would at least investigate it a little further with you.

Posted

This is a tough one. If all you did was request the MSDS sheets without refusing to work in a hazardous condition or threaten to call OSHA or MIOSHA yourself, chances are that unless you are union, there will be nothing you can do. Michigan is by default an 'at will' employer which means an employer can lay you off, fire you, cut your hours or pay, pretty much whatever, so long as they do not do so because of race, national origin, age, gender, etc. Another exception is if you refuse to violate the law (work in a hazardous condition) or if you report or are about to report a suspected violation of law.

Each employment situation has unique facts and circumstances. This means that information and advice cannot be taken literally and should be used as only informational. The information provided here is not legal advice and should not be interpreted as such.

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2 comments

Asker

Posted

please read comments Msds sheets owosso

Cristine Wasserman Rathe

Cristine Wasserman Rathe

Posted

I don't have MIOSHA laws memorized but I have a vague recollection that when dealing with hazardous materials the employer has a legal obligation to make the MSDS sheets available. I think you are at the point where you need to contact an attorney before giving out any additional information on this site. AVVO is a great source of information but it is also not a privileged communication .

Posted

I agree with my colleague, Ms. Rathe.

My discussion with you regarding the question you posted on Avvo does not create an attorney-client relationship, nor is my response to your question to be considered legal advice. While I do my best to provide helpful responses given the factual scenario presented, proper analysis of any matter requires a more in-depth conversation than what is practical on Avvo. If you are a member of the military, or if an immediate family member of yours lost his or her life while fighting for our country, I am proud to offer a 10% discount on my fee.

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