(Closed) Husband working with a very aggressive drug user, is there anything he can do?

posted 5 years ago in Legal
Post # 3
Member
2250 posts
Buzzing bee
  • Wedding: August 2010

@kris325:  I don’t really have any legal advice, but what a crap situation! Has he documented everything? When and where these rage attacks happened and what went down? Each time he talked to his boss and nothing was done? He should be documenting EVERYTHING.

Here, getting fired for refusing to work in an unsafe environment would be illegal, and I would head straight to the labour board. I’m not sure how it works where you live.

How the hell is Mark still employed?!

Post # 4
Member
2685 posts
Sugar bee

Wow, this is an awful situation.  The bad news is that South Carolina is an at-will employment state, meaning an employer can fire someone for any reason…even for no reason.  Unless an employee is fired due to their race, ethnicity, gender, etc., there is very little recourse for fired individuals.  So yes, your husband could be fired for refusing to work with Mark.

Your husband may want to look into filing a complaint against the company with the department of labor.  By forcing him to work with Mark, your husband is being put into a hostile work environment and is unable to complete his required duties.  Agree with the PP that he should document everything if he decides to go through with the claim.

 

Post # 6
Member
2250 posts
Buzzing bee
  • Wedding: August 2010

@kris325:  Oh, the old “I’ll talk to him”… Yes, I’m sure that’s doing a world of good in a situation like this. It sounds like the owner is a coward and completely irresponsible if he is letting Mark run the show this way. Your husband may be better off giving his 2 weeks and bowing out gracefully.

 

Post # 7
Member
5660 posts
Bee Keeper
  • Wedding: August 2012

I don’t know anything about the legalities here but I can’t believe this guy continues to knowingly employee a drug addict with a rage problem! He’s really asking for it by doing that. Thats extremely risky!

Post # 9
Member
2685 posts
Sugar bee

@kris325:  I think your husband’s intuition is correct – it sounds like the owner is scared of Mark lashing out at him if he is fired.  Based on the stories you’ve given, I would be scared too if I were the owner.  I do think your husband should file a complaint with the department of labor.  Even if your husband has a new job, someone else will take his old job and have to work with Mark too, and the cycle will just keep going.

Post # 11
Member
9139 posts
Buzzing Beekeeper
  • Wedding: November 2013 - St. Augustine Beach, FL

@kris325:  He needs to report the drug use on a day Mark is being crazy so they can have him take a drug test.  If something were to happen in the field, the company would be liable for any damages and most likely their insurance would test Mark and then refuse to pay if they found drugs in his system.

I just read your updates about the owner being afraid of the guy.  Unfortunately for other employees who will have to work with that guy, it’s probably best for your husband to find another job and leave.

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