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  1. #21
    Join Date
    Feb 2017
    Location
    Ohio
    Posts
    27

    Default Re: Can a Minor Sue an Employer Over an Injury Based on a Work Permit Violation

    Quote Quoting hr for me
    View Post
    have you gone to the state/ohsa and reported the violation? Don't think that would get your son any more compensation but it might get that business owner slapped with some fines. You need to file a complaint with the state agency that handles this issue -- here is what I found:
    Division of Industrial Compliance & Labor, Wage and Hour Bureau,
    6606 Tussing Road, P.O. Box 4009
    Reynoldsburg, Ohio 43068-9009, (614) 644-2239

    I've been hesitant to answer because your state is not my state and I know nothing about work permits for 17 year olds. I do have to wonder why your child worked without one after the agency told him he could not do so? It's kind of curious that a 17 yr is going through a temp/staffing agency at all (at least in my world of two 22 year olds and one 16 yr old -- it just doesn't exist where we live I guess)
    Yes both OSHA and DOL were notified and he was fined for the infractions-that and speaking with some people who employ minors I learned what had happened was classified as hazardous employment generally he mulched and watered flowers at work. DOL was wonderful. OSHA, I couldn't tell you because they did not include us in the investigation at all after several requests to do so. The reason he was employed thru the temp agency was at the employers request. Our neighbor/good friend was a long time employee and when the owner needed a few laborers he suggested his grandson and my son. The employer only hires thru the temp agency. So you go to the job site and he interviews you, offers you the job and he sends you to the temp agency to complete the hiring process.

    Again I was just looking for a loophole to get him a fair settlement. I'm not looking for a million dollars but it would be nice to get his college paid for.

    Patrolguy, Thank you I appreciate for your concern about children's services and my parenting skills. I am 1000% sure I would not have allowed my son to do anything I knew was illegal. My mistake not being versed in federal and state labor laws. Lesson learned and I have since read all state and federal labors laws/codes along with many other state laws. I entrusted my son to his employer. I knew (at the time) he was asked for a new work permit not that he was told not to work without it. He assumed when the employer called him and said 'hey I need you to work' everything was cleared for him to come back. I did not speak to either the temp agency or the employer. He handled this on his own. He had worked for the employer for over a year prior to this happening. He had a work permit on file but obviously it was expired since after the accident the temp agency asked me where it was and tried to say they were unaware of him working. If the temp agency had an concern with him working why did they process his pay for over a month without calling and saying-hey wait you aren't cleared to work-it is a small branch office where we know the manager personally. So again why would I question this? Both the temp agency and employer knew he was working. Hindsight is 20/20 for sure. With the new information their attorney provided me at the first hearing it opened my eyes to the type of guys he was working for.

    Quote Quoting cbg
    View Post
    Boys, boys, do I have to take you back behind the woodshed?
    Only if they are over the age of 18

  2. #22
    Join Date
    Oct 2016
    Posts
    2,857

    Default Re: Can a Minor Sue an Employer Over an Injury Based on a Work Permit Violation

    Quote Quoting brandallee3
    View Post
    OSHA, I couldn't tell you because they did not include us in the investigation at all after several requests to do so.
    Sooner or later a significant amount the OSHA info will be listed here. https://www.osha.gov/topcases/allstates.html or here https://www.osha.gov/pls/imis/establishment.html

    I have no doubt you will be interested.

  3. #23
    Join Date
    Feb 2017
    Location
    Ohio
    Posts
    27

    Default Re: Can a Minor Sue an Employer Over an Injury Based on a Work Permit Violation

    THANKS! I did get the OSHA and DOL reports both thru the foia but the OSHA was very skimpy with information they shared . 80% was blacked out. And the section stating what he was doing at the time of the accident was incorrect. It wouldnt have made a difference in their investigation though. But maybe if they had actually spoke to my son they would have gotten it right ha! We werent included in any part of it. I know, I have complained a lot about all this.

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