I was laid off last December from my job because of mold in my workplace. I tried working with my employer and had to agree to a lay off because the building I worked in was making me so sick. Now I am not able to find a job because my mold allergies are so severe they are still causing severe Asthmatic issues due to exposure to mold anywhere. Basically. I am pretty much home bound until the winter time when mold counts are lower and temperatures and humidity are lower. Can I take any kind of legal action?
You have a couple of issues.
First your layoff may be considered retaliation because you mentioned you would call OSHA. In these situations, never threaten to call...either call or don't. But they were wrong to threaten you and tell your co-workers. Speak to an employment attorney.
Second, you need to go to a doctor and have him definitively say that the mold caused your health issues. I will tell you this will be difficult. Attorneys have been trying to do this for years in the landlord tenant context and have yet to find a doctor who will do this. Speak to a doctor and see what he/she will say.
Brandon Sherard AtwaterAdministrative Law LawyerDurham, NC ·
You may have a claim for retaliatory discrimination under OSHA. You can certainly file a complaint with OSHA and they will investigate. However, I believe that you only have 30 days to file a complaint based on discrimination, so, I suggest that you file a complaint immediately. In any event, you would at least want to contact them to complain about the mold.
In addition, you may want to consider filing a claim for workers compensation with the North Carolina Industrial Commission. If you can establish a link between the mold and the symptoms that you are having, you may be able to make a case that you are suffering from an “occupational disease or illness”, which may entitle you to compensation. Mind you, you will need evidence in the form expert testimony from medical professionals (e.g., a doctor, clinician, perhaps a certified industrial hygienist). Again, your time to file a claim is limited. I suggest you contact an attorney who specializes in Workers Compensation.
In addition, you want to at least consider filing a claim based on a violation of the American with Disabilities Act (ADA). If you can establish that your physical limitations (i.e., severe asthma/severe allergies) amount to a “disability” within the meaning of the ADA statute, you may be able to file a claim based on failure to make reasonable accommodations (e.g., fix the mold/moisture, place you in different building, allow you to work from home, etc.). You can start by filing a claim with the EEOC. You may also want to reach out to an Employment Lawyer as soon as possible. Again, your time is limited.
Thanks for your post. There are a couple of issues here which have been noted. First, you may have a workers' compensation claim for what is referred to as an "occupational disease" to the degree the workplace mold caused or aggravated your condition and you have required medical treatment and kept you from being able to work. Second, you might well have employment law claims. I'd suggest contacting an employment and workers' comp attorney immediately. There are very short time windows particularly for reporting negative actions by an employer to the appropriate state or federal agency which are discriminatory and you do not want to miss those deadlines, as missing these deadlines will keep you from pursing the employment claims. Again, I'd make that call today.
