If you’re like many Californians, you’ve seen – and maybe even worked in – poor working conditions. Poor working conditions can include things like:
But do poor working conditions equal a lawsuit?
Here’s what you need to know.
Poor working conditions, like those mentioned above, can make you dread going to work. Let’s take a closer look at each so you know what you’re up against.
Any time there’s a hazard – even if it appears minor – an employer is required to do its best to mitigate risk. Notify your employer if you discover a hazard that could result in an injury; you could be protecting someone from a life-changing accident.
Related: Traumatic brain injury settlements in California
Poor working conditions can include things like inadequate space utilization. Employees need space to work comfortably and remain productive – and there needs to be quiet space, as well as a place for collaboration. While these may seem like small things, they can account for poor working conditions.
Bad lighting can be dangerous. Poor lighting can contribute to eye strain, mental fatigue and even reduced productivity – but when there’s natural light, or even just enough artificial light – employees tend to do better. Dim lighting can cause tripping and falling hazards, too, which can have devastating effects.
Uncomfortable working conditions can be physically hazardous – but even if they’re not immediate dangers, they can pose long-term health risks.
Unsafe environments are a workplace emergency. Some workplaces – like construction sites and some factories – are inherently dangerous in some ways, but employers are supposed to minimize risk to employees, customers and visitors wherever possible.
It’s a fact that poor working conditions can affect long-term health, but not all poor conditions are unsafe.
(Learn how to identify unsafe working conditions.)
If you’re in an unsafe work environment, you must:
Poor working conditions that involve your health and safety could ultimately lead to you having the right to refuse to work until your employer corrects the situation, or until your employer investigates and determines that there aren’t any safety violations.
Don’t refuse to work until you’ve talked to an employment lawyer, though. If you do, and you weren’t entitled to do so under the law, you could be putting your job at risk.
Many factors that contribute to working conditions include:
This isn’t a complete list of what employers are required to provide, but in general, employers are required to provide a safe workplace.
Your first action when you encounter poor working conditions that threaten your safety – or the safety of other people in your workplace – should be to talk to your supervisor. If that supervisor doesn’t adequately address your concerns, take it up a level by talking to your supervisor’s boss. When you’ve gone as high as you can, you may need to talk to Cal/OSHA’s Enforcement Branch. They’ll investigate the situation.
Important note: If a safety hazard doesn’t pose an imminent danger, notify your employer of the problem in writing.
Your employer is not allowed to retaliate against you for reporting a safety violation. If it does, you could have an entirely different type of lawsuit on your hands.
If you’re reasonably sure that the working conditions in your workplace are so poor that they could entitle you to refuse to work until they’re corrected, talk to an employment lawyer. Here’s what you can discuss with your attorney:
While there’s no guarantee that you have a case, it can’t hurt to talk to an attorney if you suspect you’ve been subjected to unsafe or poor working conditions.
Call us at 818-230-8380 for a free case review. We’ll answer your questions and talk about possible outcomes of your case, as well as give you the legal advice you need.
Overtime is defined as any hours worked over 8 in a day or 40 in…
How do you file a labor board complaint in California? The answer to this question…
If you've been the victim of workplace discrimination in California, you may be wondering what…
You may be wondering if your employer is required to reimburse you for work-related expenses…
Most employers in California are required to provide workers with seating. IN fact, there are…
Unpaid commissions in the state of California are monies that are earned by an employee…
This website uses cookies.