[a / b / c / d / e / f / g / gif / h / hr / k / m / o / p / r / s / t / u / v / vg / vm / vmg / vr / vrpg / vst / w / wg] [i / ic] [r9k / s4s / vip] [cm / hm / lgbt / y] [3 / aco / adv / an / bant / biz / cgl / ck / co / diy / fa / fit / gd / hc / his / int / jp / lit / mlp / mu / n / news / out / po / pol / pw / qst / sci / soc / sp / tg / toy / trv / tv / vp / vt / wsg / wsr / x / xs] [Settings] [Search] [Mobile] [Home]
Board
Settings Mobile Home
/adv/ - Advice


Thread archived.
You cannot reply anymore.


[Advertise on 4chan]


File: IMG_7576.jpg (195 KB, 1080x1080)
195 KB
195 KB JPG
I'm a superintendent for a foreign construction firm. For the past few months my job has been to "supervise" construction work. According to our foreign engineers, our workers "need" to commit safety violations, this gives us a more flexible work schedule. So, my job is to make sure our foreign workers aren't seen by locals when they violate OSHA regulations by climbing on racks without adequate protection and such. I did overtime through most of July and August (I'm exempt but supposedly eligible for overtime pay.) I presented proof of overtime to HR in early September and asked for overtime pay. Mid September I started receiving complaints that I was taking too long with paperwork. One of the first complaints was when I arrived back to the office 10 minutes late after dinner (I did drive slowly, the roads were wet from a fresh thunderstorm) and my boss (who I rarely spoke to until this day) angrily mentioned mid-conversation that I'd asked HR for overtime pay.

There was a safety violation report onsite recently. Another contractor provided proof three of our workers weren't wearing harnesses (not the first time) and one urinated onsite (actually the first time.) Of the supervisors to be on-duty that night, I was the only one put on PIP. Even though at the time of the incident I had informed my team that I was at dinner so I wasn't there to "allow" this violation.

I believe my PIP was given to scapegoat me and punish me for requesting overtime pay. Do I have a legal case with retribution and the deliberate safety violations?
>>
This is the most indian god damn thing ive ever read since i tried cracking the bhagavad gita
>>
>>33892110
>According to our foreign engineers, our workers "need" to commit safety violations, this gives us a more flexible work schedule. So, my job is to make sure our foreign workers aren't seen by locals when they violate OSHA regulations
You commit a crime for your boss and this is how they pay you. Youre not entitled to shit. Just quit and get a job where you dont commit crimes.
>>
>>33892110
Assuming you have the paper trail that substantiates all of this, I say yes, but it'll be slow. Large companies aren't sued often because they got lawyers who are good at deflecting things as long as possible, making things wind through the legal system so long on technicalities that they expect you to run out of money to pursue the case and call off the suit.

If you want to do this properly with the best chance of winning, make duplicate copies of ALL DOCUMENTS and send copies along with a detailed written report of all this to OSHA themselves. They take cases of workplace safety and worker harassment actually seriously and can have a rep arrive there in a few days from the report filing. They should have a board or public place where OSHA rules for reporting incidents are visible. If they don't that's also a violation.

You can also choose to report this anonymously to shield yourself from potential (illegal) retribution, but given your case you should report under your name. Otherwise the OSHA response will be a lot slower, especially on the legal side.

So to recap
>Call OSHA
>Tell them everything that happened
>Send a written report with copies of all necessary documentation to prove what happened is true
>Wait until a rep arrives on site or you get further correspondence from OSHA, and take it from there
>>
>>33892110
You want to cry to the law for misdirected disciplinary action in the workplace? That’s faggy and you will not look so great to the law either.
>>
>>33892126
Company's not Indian but that's pretty close kek

>>33892165
Oh yeah, doing my best never to work for a non-western company here ever again.

>>33892175
Naturally there was no written agreement that I was to cover for the workers if they violated safety rules. They probably will be avoiding blatant violations for a while seeing as they've been caught.

During my PIP I've make it a priority to get evidence on this. I assume it's better to contact OSHA after I produce some evidence.
>>
I would anonymously rat them out to the authorities. If you go after them for retribution the fact that you deliberately ignore safety violations will come back to you. I don't know how it works in America but in first world countries you as a supervisor are responsible and liable for safety violations. Next time don't be a nigger who works for nigger companies.
>>
>>33892110
Being exempt means that the company may legally refuse to pay. Tell an attorney you have been misclassified as exempt and maybe the company will have to pay.
>>
I'm dealing with a PIP which is based on mostly falsehoods. In most cases if you receive a PIP the best course of action will be 'start looking for a new job.'
>>
>>33892110
>superintendent for a foreign construction firm
your job is literally putting your balls on the chopping block if something goes wrong retard
did you think writing permits to work was hard? you were paid for the responsibility
if you didn't assign someone else to be the responsible person in your absence then you were the responsible person
so suck it up retard run a better site next time or don't use scab labor
>>
>>33892110
>our foreign engineers
Indians work hard to fire everyone who's not Indian and replace them with nepotism and racism hires.
I would assume you're experiencing the same.
Your replacement will totally coincidentally be some coworker's uncle/cousin/brother.
>>
>>33894452
Oh there was someone else assigned. During our night shifts it's a rule that there are two superintendents and one safety guard on site. When one super takes their dinner break the other is responsible for onsite duties.

The company and the area owner/GC ruled the safety guy had an alibi to be at another site, which makes no sense to me since supers also move sites during nights. The other super wasn't listed in the incident report, and to my knowledge, wasn't PIP'd. He was just transferred over from the country our company is from, and he probably hasn't asked for overtime pay lately.
>>
>>33894646
Is the pip very short, like 7 days? Have you noticed any of your regular duties going to other employees ? If yes high chance they're replacing you. find another job. Easier to find a new job when you're currently employed
>>
>>33895222
31 days. Currently searching for new jobs.

I've found little to suggest the company has connections with any lawyers because it's very new in the country.



[Advertise on 4chan]

Delete Post: [File Only] Style:
[Disable Mobile View / Use Desktop Site]

[Enable Mobile View / Use Mobile Site]

All trademarks and copyrights on this page are owned by their respective parties. Images uploaded are the responsibility of the Poster. Comments are owned by the Poster.