Co-Worker Too Sick to Be Working

My question involves labor and employment law for the state of: PA

I have a co-worker who is very ill. He is in the final stages of battling lung cancer and has numerous other health issues. He is currently 66 years old. He was supposed to have retired a year ago, however, my employer continues to allow him to work so that he will maintain his medical benefits.

Over the past several months, those of us who have to work with him have had to tolerate his mood swings and other attitude issues. Little things, like him requiring us to keep the thermostat set to 80 because he is on Comudin and always cold. We must endure his grumpiness and shortness to our clients.

This past week, he collapsed at work and needed to be taken by ambulance to the hospital. My co-workers and I have expressed concern to management, and management says that allowing this individual to continue working is giving him hope and keeping his spirits up. While that may be true, he is making our working environment undesirable to be at.

The guy is literally dying. He can't make it thru the day without falling asleep in his chair, not hearing clients who come into our store, and having 5-6 coughing fits a day that are uncontrollable. He is forgetful, is easily confused, and cannot handle the physical demands of working an 8-hour day.

Is there a legal angle to help convince management that this is not the best decision? We don't even know if his doctors have officially cleared him to work. Would would happen if he died in the office? Could my company be sued? Maybe that would encourage them to tell him to stay home?

Nope, you can put on your big boy panties, go buy your own company and lord supreme over the employees.

Once again, Disagreeable has to be an ass with a sarcastic and unwarranted response that belittles someone else. Talk about "lord supreming" over a law advice forum. Hey Disagreeable, it says I'm a Senior Member, just like you. So why don't you stop being an ass to everyone on the forum.

This is a matter entirely between the employee in question and the employer. It is none of your business.

And as a matter of fact, no. There is no law you can invoke that will force the employer to make him stay home. It is far more likely that the law supports his right to work as long as he chooses to.

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Quoting PADriver13

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My question involves labor and employment law for the state of: PA

I have a co-worker who is very ill. He is in the final stages of battling lung cancer and has numerous other health issues. He is currently 66 years old. He was supposed to have retired a year ago, however, my employer continues to allow him to work so that he will maintain his medical benefits.

Over the past several months, those of us who have to work with him have had to tolerate his mood swings and other attitude issues. Little things, like him requiring us to keep the thermostat set to 80 because he is on Comudin and always cold. We must endure his grumpiness and shortness to our clients.

This past week, he collapsed at work and needed to be taken by ambulance to the hospital. My co-workers and I have expressed concern to management, and management says that allowing this individual to continue working is giving him hope and keeping his spirits up. While that may be true, he is making our working environment undesirable to be at.

The guy is literally dying. He can't make it thru the day without falling asleep in his chair, not hearing clients who come into our store, and having 5-6 coughing fits a day that are uncontrollable. He is forgetful, is easily confused, and cannot handle the physical demands of working an 8-hour day.

Is there a legal angle to help convince management that this is not the best decision? We don't even know if his doctors have officially cleared him to work. Would would happen if he died in the office? Could my company be sued? Maybe that would encourage them to tell him to stay home?

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Given that it's Monday and I'm waiting for the Puppy Bowl next weekend, I'll be as gentle as I can here.

This is absolutely none of your business. None. At. All. It's not your business whether he's been cleared for work - if your employer is okay with the situation, I suggest you follow suit. This is between your co-worker and the employer.

And for the love of all things pink, have a bit of compassion would you? Do you think anybody really cares that you have to "suffer" his grumpiness? Say one thing about this and you're going to come across as the biggest idiot of all time.

Have a nice day.

(If he dies at work, no, the company isn't responsible. Good grief)

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Quoting PADriver13

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Once again, Disagreeable has to be an ass with a sarcastic and unwarranted response that belittles someone else. Talk about "lord supreming" over a law advice forum. Hey Disagreeable, it says I'm a Senior Member, just like you. So why don't you stop being an ass to everyone on the forum.

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Oh he's not the ass in this thread. Nope. He is not the ass in this thread at all. I'm pretty sure we can all tell who holds that title. :cool:

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Quoting cbg

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It is far more likely that the law supports his right to work as long as he chooses to.

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What if a doctor hasn't cleared him to work? I don't understand why we all have to watch him die. It's painful to watch, and saying put your big boy pants on while you are watching someone literally die is just an asinine comment. He coughs up blood all over his desk and the floor. Is that not an unsafe work environment? I don;t know if he has hepatitis or HIV.

It doesn't matter if the doctor has cleared him to work or not. Since it's the employee's choice to be working, there is no liabilty on the part of the employer even if he dies at work.

Since you're not the one who's being asked to clean up the blood, it's of no nevermind to you what his diagnosis is. He is entitled to his privacy. Besides, you said yourself he has lung cancer. Not hepatitis or HIV.

Guess I'm wrong. Just thought it was unacceptable for a fellow employee to be spewing bodily fluids all over the office.

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Quoting cbg

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It doesn't matter if the doctor has cleared him to work or not. Since it's the employee's choice to be working, there is no liabilty on the part of the employer even if he dies at work.

Since you're not the one who's being asked to clean up the blood, it's of no nevermind to you what his diagnosis is. He is entitled to his privacy. Besides, you said yourself he has lung cancer. Not hepatitis or HIV.

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I don't know the condition of his blood or if he has any infectious diseases. And who's responsibility is it to clean up the blood? There are 4 of us that share this office. No HR rep here, or a maintenance person, no one. So yes, we are responsible for cleaning up his bodily fluids.

Why don't you remove your head from yours? Until the employer elects to address the issue, you are free to quit. I suspect your "spewing blood' comment is another of your ridiculous overstatements.

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Quoting PADriver13

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Once again, Disagreeable has to be an ass with a sarcastic and unwarranted response that belittles someone else. Talk about "lord supreming" over a law advice forum. Hey Disagreeable, it says I'm a Senior Member, just like you. So why don't you stop being an ass to everyone on the forum.

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Quoting PADriver13

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Guess I'm wrong. Just thought it was unacceptable for a fellow employee to be spewing bodily fluids all over the office.

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I don't know the condition of his blood or if he has any infectious diseases. And who's responsibility is it to clean up the blood? There are 4 of us that share this office. No HR rep here, or a maintenance person, no one. So yes, we are responsible for cleaning up his bodily fluids.

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I am not normally rude to posters, but I find ALL of your comments to be quite despicable.

Since you are talking body fluids....

Who cleans up the toilet when someone sprinkles when they tinkle?
What about when you sneeze or cough germs into the air?
What about when you bleed from a papercut?

If you don't want this guy working....maybe you should step up to the plate, and offer to pay for his medications, insurance, co-pays, and salary? Offer to drive him to his doctor appointments.

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Quoting PADriver13

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Guess I'm wrong. Just thought it was unacceptable for a fellow employee to be spewing bodily fluids all over the office.

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I don't know the condition of his blood or if he has any infectious diseases. And who's responsibility is it to clean up the blood? There are 4 of us that share this office. No HR rep here, or a maintenance person, no one. So yes, we are responsible for cleaning up his bodily fluids.

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Sweety, are you aware of how diseases spread?

I'll guess "um..no, not really" is going to be the answer.

Go research. Then come back to me.

And you don't know that he does have any infectious diseases.

I must agree with the others here and want to give a bit of advice. Do not tell people what you are thinking here. Not your co-workers and not your friends. If you do, I guarantee they will think less of you. They might not show it at first. But, they will remember.

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Quoting cbg

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And you don't know that he does have any infection diseases.

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Our delightful OP is actually more likely to have something nasty and/or contagious.

(And no, I'm not being flippant ;) )

Yep....

Cancer is not contagious.

The Flu, The Common Cold, Strep Throat....yep all contagious.....same with certain STD's like Herpes....

I hate to be picky (well....) but we should make clear the distinction between contagious and infectious ;)

Actually, perhaps OP can research that while he's learning about transmission.

Signed,

That Weird Brit Who Spent Several Years With Big Pharma.

:D

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And technically most cervical cancer is a result of being infected with the easily-transmitted HPV virus (certain strains, anyway).

(Somebody tell me to shut up - I can talk epidemiology till the cows come home!)

If the employer has ANY scruples, the OP will bring this issue to them and they will fire them on the spot.

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Quoting CourtClerk

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If the employer has ANY scruples, the OP will bring this issue to them and they will fire them on the spot.

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Hell if I knew where he worked I'd be tempted to send the whole thread to the boss.

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he is making our working environment undesirable to be at.

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No one is forcing you to stay. Quit and find another job.

I mean, really. How DARE your employer be kind and compassionate to someone in need. The unmitigated gall!

So if Sicky Dude moved.....who gets the promotion to his position?

Wow...just...really?
The company is likely taking a hit to their bottom line to ensure one of their own keeps his medical coverage during what is likely the last stages of his life and OP wants him gone because it bothers him...By all means take your concerns to HR or your boss and let them know how you feel.

I could see concerns if he was operating heavy machinery or the stress of the job was worsening the condition but none of that was mentioned.