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  1. #1
    Join Date
    Nov 2013
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    Pennsylvania
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    806

    Default 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?

  2. #2
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Co-Worker Too Sick to Be Working

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

  3. #3
    Join Date
    Nov 2013
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    Pennsylvania
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    Default Re: Co-Worker Too Sick to Be Working

    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.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Co-Worker Too Sick to Be Working

    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.

  5. #5
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: Co-Worker Too Sick to Be Working

    Quote Quoting PADriver13
    View Post
    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?


    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)

    - - - Updated - - -

    Quote Quoting PADriver13
    View Post
    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.

    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.

  6. #6
    Join Date
    Nov 2013
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    Pennsylvania
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    806

    Default Re: Co-Worker Too Sick to Be Working

    Quote Quoting cbg
    View Post
    It is far more likely that the law supports his right to work as long as he chooses to.
    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.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Co-Worker Too Sick to Be Working

    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.

  8. #8
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default Re: Co-Worker Too Sick to Be Working

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

    - - - Updated - - -

    Quote Quoting cbg
    View Post
    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.
    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.

  9. #9
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Co-Worker Too Sick to Be Working

    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.


    Quote Quoting PADriver13
    View Post
    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.

  10. #10
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Co-Worker Too Sick to Be Working

    Quote Quoting PADriver13
    View Post
    Guess I'm wrong. Just thought it was unacceptable for a fellow employee to be spewing bodily fluids all over the office.

    - - - Updated - - -



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

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