mold lawsuit against your employerIf you believe you have been exposed to mold and intend to file a mold lawsuit against your employer, you need hard facts.  See below tips on how to handle a possible mold lawsuit.  You may have a legitimate claim, and it is important to get irrefutable facts before thinking of suing your employer.

  1. Communicate with your employer and state your concerns.
  2. Request that an air test be collected ASAP by an independent mold assessment company and ask to see a copy of the results.
  3. Request that the air test be taken in your office or where you spend most of your time.
  4. If your employer ignores your request, send him/her a certified letter via the US Post Office with return receipt requesting that an air test be done ASAP. Include pictures of any wall or ceiling showing discoloration or visible mold-like substance, and date the pictures.
  5. Stay calm.
  6. Do not show up at work wearing a mask, such as a painter’s mask that does not filter mold spores.   There may be excess mold spores in the air, but then again, there may not be.  If the results of the air test turn out normal, you may end up feeling embarrassed by the display of a mask.
  7. Do not file a complaint with OSHA until an air quality test indicates a mold contamination and your employer does not take care of the problem.  Again, if the air quality turns out normal you will feel embarrassed, and your unwarranted complaint may generate feelings of resentment in your employer as well as your co-workers.
  8. Do not stay home with the excuse that you feel sick at work.   You may have a legitimate claim or you may not.  Wait to see the laboratory results.
  9. Give your employer a chance to correct the situation before you take further action.
  10. If there is indeed a mold problem and your employer ignores the situation, then you can consider legal action.

Exposure to mold is not healthy, and some people are more sensitive than others.  As mentioned earlier, if you are considering a  mold lawsuit against your employer, you better have hard facts.  A lawyer will need verifiable evidence of exposure as well as evidence you suffered harmful health effects.

Written by Charles & Danielle Dobbs – Professional mold assessors, expert witnesses, authors of several books on mold, and mold education bloggers

Charles & Danielle Dobbs - Professional mold assessors, expert witnesses, authors of several books on mold, and mold education bloggers

Professional mold assessors, expert witnesses, and authors of MOLD MATTERS- SOLUTIONS AND PREVENTION, MOLD PREVENTION TIPS FOR THE GREEN BUILD INDUSTRY, and INSPECTION AND SAMPLING METHODOLOGIES FOR TRAINING MOLD ASSESSORS.

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