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Can failure of an employer to provide healthy working conditions lead to wrongful discharge?


My assigned seat was directly in the path of the entrance for employees. In September 2006 I asked my supervisor if I could be moved because the constant airflow from the doorway was making me sick. My request was declined. I sent a written request to be moved due to the weather change. It was getting harder to work with the cold air blowing directly on my back and neck. I worked with gloves, a blanket and jacket. I got sick, diagnosed with a severe sinus infection/inflamed sinuses, congestion and started having nosebleeds. My doctor wrote a letter asking that I be moved due to my medical condition. When I did not get a response I asked again. I continued to work sick with the cold air on me but it caused a change in my work routine and duties, though I did the best that I could. I never received any complaints until December 27th when I was informed I had been terminated due to violation of policy or lack of performance. That day I was working with a scarf covering my mouth and nose to protect me from the cold airflow. I know that a co-worker had been written up several times for poor performance and policy violation, but never terminated. Does this sound like wrongful discharge?

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