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KateDevine
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Member since 6/06 24950 total posts
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Smoking Issue-Need Advice
I work for an attorney in NYC and I just found out I was pregnant last week. He has been on vacation since August 17th, so I haven't had to deal with this yet, but he will be back on Tuesday adn I need some advice.
He smokes cigars ALL day long. And I really, really don't want to be subjected to the smoke. He won't stop, I was told that he smoked 2.5 years ago when I got this job and now I am in a bind b/c it is bad for me and my pregnancy to be around this type of smoke. He is NOT tolerant of anything and I don't know what to do.
I just don't know what to do about this situation. Another paralegal on the floor was pregnant last year and she called the health department on him,b ut if I did that I'd get fired and I NEED the money. Plus I am in the worst possible spot, right next to his office. I just don't know what to do.
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Posted 9/3/06 1:38 PM  |
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BaroqueMama
Chase is one!
Member since 5/05 27530 total posts
Name:
me
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Re: Smoking Issue-Need Advice
Wow. That's a really crappy situation to be in. I'm so sorry. I can just imagine the type of person he is. I don't even know what to begin to suggest. Did this other woman speak to him before calling the board of health? I mean, maybe if you talk to him, he'll at least keep his door shut or move your desk. I mean, if he's really that inflexible and that much of a ******* that he won't do that, then I'd suggest looking for another job because who the hell wants to work for someone like that anyway? (I know, looking for a new job probably isn't the right solution, either, I'm just at a loss here.)
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| Posted 9/3/06 2:40 PM |
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Stacey1403
Where it all began....
Member since 5/05 24065 total posts
Name:
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Re: Smoking Issue-Need Advice
Honestly I would be calling the DOH too, he is an azz. You can't smoke in a building like that!!
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| Posted 9/3/06 3:56 PM |
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michele31
LIF Adult
Member since 5/05 3372 total posts
Name:
Michele
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Re: Smoking Issue-Need Advice
It is illegal for him to smoke I am pretty sure. I can't believe you have worked for him this long under that condition. Second Hand smoke is VERY dangerous to your own health. I would tell him point blank that you are pregnant and can't work like this. Have him lay you off and get a new job. Or call the DOH and see what they say.
Your baby's health is more important than any job...as is your own health.
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| Posted 9/3/06 4:01 PM |
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Mrs-Boop
My Babies
Member since 5/05 4956 total posts
Name:
Jaime
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Re: Smoking Issue-Need Advice
Call the health department, explain the situation to them, and maybe they can go in and say it is a follow up from last years complaint!!
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| Posted 9/3/06 5:18 PM |
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KateDevine
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Member since 6/06 24950 total posts
Name:
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Re: Smoking Issue-Need Advice
Posted by michele31
It is illegal for him to smoke I am pretty sure. I can't believe you have worked for him this long under that condition. Second Hand smoke is VERY dangerous to your own health. I would tell him point blank that you are pregnant and can't work like this. Have him lay you off and get a new job. Or call the DOH and see what they say.
Your baby's health is more important than any job...as is your own health.
It is illegal for him to smoke like that, but he has never gotten caught. The day that the DOH showed up last year he happened to be in court and they just hid the cigars and the tray and played dumb.
I am kind of afriad of being pregnant and having no job to pay my rent, they will deny me unemployment. I am already nervous b/c I am not eligible for FMLA b/c we only have 5 employees AND they have never had someone who is pregnant work for them before....
It is just a bad situation. I was planning on getting a new job before I got pregnant, but now I feel stuck and on top of it, stuck in a bad situation!
Oy.
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| Posted 9/3/06 5:31 PM |
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rose825
Best Friends
Member since 6/05 10228 total posts
Name:
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Re: Smoking Issue-Need Advice
If you cant leave and have to stick it out. I would ask to move away from the door of his office, ask him to buy one of those ashtrays that suck in the smoke (worst case scenario buy one for him) , open the windows, get a fan that blows the air away from your desk.
I think it would be better if he stopped or you moved elsewhere, but eliminating those as possibilities, I would try these things.
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| Posted 9/3/06 6:55 PM |
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Boobobunny
Live in the Present
Member since 5/05 3572 total posts
Name:
Dannielle
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Re: Smoking Issue-Need Advice
I would call the Dpt of Health to make a complaint. I'm not sure of the exact wording of the law, but I was under the impression that smoking in place of business is illegal unless all working members are family related....I could be completly wrong on this fact...I just remember hearing when the outlawed smoking in bars and resturants
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| Posted 9/3/06 7:01 PM |
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Re: Smoking Issue-Need Advice
I would definitly tell him that you cant be around that smoke. When I worked there was a suite behind ours and the attorney in their would smoke and it would travel through the air conditioning vents and I would smell it and I complained to my boss because he was the landlord so he said go tell him to stop. So I walked in (I was friendly with him) and told him my boss wanted him to stop  and he did. The only thing that might work is if he has a window he can open but I still dont think it would be a good idea. Why can't you receive unemployment?
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| Posted 9/3/06 10:50 PM |
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KateDevine
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Member since 6/06 24950 total posts
Name:
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Re: Smoking Issue-Need Advice
They will deny umemployment if they fire me. The thing is, my bosses are always saying how much they need me and the whole situation makes me nervous.
He didn't even stop when his own wife was pregnant, so he isn't going to stop for me. In addition to them justbeing horrible, they made the other girl who was pregnant's life miserable b/c they were "sure" she made the DOH complaint....
I am thrilled I am pregnant, I just wish I had gotten a new job first....
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| Posted 9/4/06 12:01 PM |
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Kelly111205
LIF Infant
Member since 5/06 96 total posts
Name:
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Re: Smoking Issue-Need Advice
You really should call the health department on him. Just don't give them your name.
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| Posted 9/4/06 3:53 PM |
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nancygrace
I'm 2!
Member since 9/05 6616 total posts
Name:
Live*Love*Laugh
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Re: Smoking Issue-Need Advice
i think then that they need to accomodate you and move your desk/office
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| Posted 9/4/06 4:13 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: Smoking Issue-Need Advice
Posted by KateDevine
They will deny umemployment if they fire me. The thing is, my bosses are always saying how much they need me and the whole situation makes me nervous.
He didn't even stop when his own wife was pregnant, so he isn't going to stop for me. In addition to them justbeing horrible, they made the other girl who was pregnant's life miserable b/c they were "sure" she made the DOH complaint....
I am thrilled I am pregnant, I just wish I had gotten a new job first....
You are entitled to unemployment if you get fired (so long as you weren't fired b/c of willful misconduct). Also, it is illegal for your boss to fire you b/c you notified the DOH about health/building code violations. If he fired you, you'd have a retaliation claim and could sue him.
I'm sorry your boss is putting your health at risk. I hope you can resolve this issue soon.
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| Posted 9/5/06 12:26 PM |
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sweetpea
xoxo
Member since 7/06 2467 total posts
Name:
Donna
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Re: Smoking Issue-Need Advice
Posted by nancygrace
i think then that they need to accomodate you and move your desk/office
i agree. if u r really afraid of getting fired (even though it is totally illegal for him to be doing that!!) that make them move where u sit. that is the least they can do!!!
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| Posted 9/5/06 12:51 PM |
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michele31
LIF Adult
Member since 5/05 3372 total posts
Name:
Michele
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Re: Smoking Issue-Need Advice
Video Tape him smoking, send it to the DOH let him fire you and the sue him.
If he is breaking the law and an attorney that is even worse IMO.
start looking for a new job asap.
Do not put you or your baby's health at risk for a job. IMO, that is not worth it,
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| Posted 9/5/06 12:57 PM |
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