Am I paranoid that I'm going to be sued??? :(

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The Survivor

Active member
OK last Fall I hired this 31 yr old gal that I thought was gonna be great. Her duties was front desk attendant and maybe PT'ing and Yoga. Well after some time, the monster in her came out....she was physco, as I found out she was in a bar fight and when the cops were called, she wanted to fight them, a lot of her emails and texts were disrespectful and in your face and very confrontational. She has anger issuses, is OCD, dyslexic, bi polar, you name it. She is an air head too, even got AM confused with PM and showed up for work at 430AM rather than PM.

So I gave her 2 warnings for missing, then via text, told her she get one more in 60 days, she's out. She shows up for her shift, hands me the keys says "I'm giving you 2 week notice and taking my 2 wks vacation" and walks out of the gym. So I'm thinking "2 wks vacation for part time?" I don't think so....so she basically walked w/o notice. That's how stupid she is...

About an hour later the phone rings for me, its OSHA stating a employee made a complaint against me because I didn't supply here with gloves for cleaning the gym (which I did and can prove it) I don't have the proper posters up, this and that....so alls OSHA wants is pic of gloves, the receipt and the marked chemicals and the poster they will send me.

So I can jump thru hoops with OSHA, but the ex employee apparently got a chemical rash, maybe dermatitis via my cleaning products that she used. I worry that she's gonna sue me for skin damages (of course BS since I supplied gloves) or try a workman's comp claim (I don't have that for part timers). All my friends say she could never prove it, don't worry, she's a known nut job and she couldn't find a lawyer to accept the case. I have keep all texts and emails to support my claim that shes crazy...

IDK, they sue for petty shit these days....a chemical rash though?? Am I worrying over nothing?
 
You always want to CYA when it comes to this kind of thing. As long as you did what you were supposed to and have the proof like you said, I doubt she'd be able to get anything out of you.
 
No worries bro. As part of my many hats, the big hat I fall under is HR and I deal with issues like this as part of the norm.

If you are in CA, WA, OR, NJ, NY, NM and maybe NV I'd be a little worried because your insurance may have to since those states are loony to do business in. I wouldn't worry about being taken to the cleaners or any hiccups in your daily operations.
 
The riskiest thing a business owner can do is hire a person in todays world. The Govt via the buracracy that they are via OSHA, EEOC ect have created an environment where the employee has more rights than the employer. Is sickening and I know exactly what you are going through.

Quick story... I hired a guy to sell cars for me. I discovered quickly that on the Sundays he supposed to work( be there at noon) he just shows up at 1240ish late. This goes on for 3 to 4 Sundays and we write him up, document it well. We fire him a few weeks later cause he sucks and was still within his 90day probation period. This mother fucker went down to the EEOC and filed a Religious Discrimination suit against us because he was the Photographer at his church. Not the Pastor or fucking Deacon. The fucking Photographer. The Dealer ended up settling with him and basically gave him "go away" money.

I know exactly what you going through brother. At least you are aware of the fact she may sue. So i'd just prepare for it... Good luck brother.
 
Well now the ex employee texted me that shes sorry the way she quite and she feels bad....and that she will stop down to get her final paycheck today...VIP I keep that last text which shows remorse. My manager also said that she has ripped me and the gym to at least one member, bitching about the rash on her arm and how filthy the gym is (she was in charge of cleaning too)....I emailed all my employees that they are to take the high road and if anyone asks, just to tell them that it didnt work out and leave it at that. A pissing contest in not needed, the more you stir shit, the worse it smells.

Thanks to all who responded....its nice to hear from those who can relate. Hope this whole thing just blows over in a short time.
 
Well now the ex employee texted me that shes sorry the way she quite and she feels bad....and that she will stop down to get her final paycheck today...VIP I keep that last text which shows remorse. My manager also said that she has ripped me and the gym to at least one member, bitching about the rash on her arm and how filthy the gym is (she was in charge of cleaning too)....I emailed all my employees that they are to take the high road and if anyone asks, just to tell them that it didnt work out and leave it at that. A pissing contest in not needed, the more you stir shit, the worse it smells.

Thanks to all who responded....its nice to hear from those who can relate. Hope this whole thing just blows over in a short time.

I would make sure to have a witness with me when she comes in for her check today bro! fuck that being alone with her bullshit!
 
If she hasn't filed something by now (and you'd know) I don't think that she will have any success in even retaining a lawyer. Just keep thing documented and have a witness. Besides.... What the hell is she going to get $$ wise over a fucking rash??? I've had lots of dealings with Workers Comp claims.


The Dude Approved
 
Its been 10 days since she last worked so no news is good news..true we live in a litigious society...to satisfy OSHA, Ive been printing out MSDS sheets on all the cleaniing chemicals I have. Then have to fax them along with pics to OSHA, then hopefully be over. Is it possible I could be fined? Or would they just give me a warning and tell me to recify whatver they need?
 
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I would think just a warning then a month later they will visit you to make sure you are keeping up
 
I think you'd get a warning and a visit before you'd get fined. I don't think you have anything to worry about, it just sucks how people want to get paid for nothing anymore. If you're employed and do something stupid to get hurt or whatever, it's automatically your employers fault? Get out of here, no wonder we send work overseas to people that actually want to work or will work
 
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