Has my job committed neglect if they have let me work with a restriction limit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Has my job committed neglect if they have let me work with a restriction limit?
I recently was sent home from work saying that it was against the law for me to work with a restriction limit at my job but I have been working with the same restrictions for 8 months. If they say it’s a against the law for me to work with restrictions then has my job committed neglect by having work while knowing I was on restriction and for having me in a unsafe environment risking my health and well-being
Asked on October 28, 2011 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If there is a law specifically stating that you could not work with a given restriction or condition, then the employer may have broken the law. If they have, they may be subject to a fine, loss of a license or contract ...whatever penalty is specified for that specific violation or breach. However, this would not give you any cause of action against them or the right to sue them, unless (1) the company knew it was unsafe (not just illegal, but unsafe) for you to do that work; (2) you did not know that it was unsafe (since if you did but you chose to keep working, you assumed the risks of that unsafe position); and (3) you suffered some injury, damage, or less as a result. Only if all three conditions are met would you likely have grounds to sue; otherwise, this could be a violation for which you personally do not have any recourse, even if, as noted, it is possible the company could suffer some sanction or penalty.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.