Bronx, NY asked in Employment Law for New York

Q: if you feel your employer is asking you to do something that puts your health and safety at risk, can you say no?

my employer asked me to work in an isle of a warehouse instead of on the dock as normal. not only in an isle but in an isle of a cooler where the floor is concrete and slippery. the dock is normally 30-35°f and the cooler is 15-25°f and I have asthma so the cooler temperature makes it harder to breathe as well. do I have the right to refuse if I feel my health and safety is at risk?

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: If you need a medical accommodation that is reasonable ask for it. If your employer tells you that your request causes them an undue hardship they may have a point.

If your request causes an undue hardship for them and you can not negotiate some middle ground you may have to look for another job. Good luck.

Derek John Soltis agrees with this answer

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