If health is a human right then can I sue my employer?

If healthcare is considered a right by the US government can I sue my employer? See, my job is stressful. I work a swing shift. It is bad for my health. There is tons of evidence that working swing shift is bad for your health. There is tons of evidence that stress is bad for your health. So my employer has violated my human rights. Dont you think I have a right to sue them?

[edit on 29-4-2010 by Peace Pipe]

*sigh*











What's a swing shift?

reply to post by ghostsoldier


A swing shift is when your company is open 24/7 and you work different shifts. In a swing shift you change from 7-3 one week, 3-11 the next week, and 11-7 the next shift. It is a living hell.

reply to post by Peace Pipe


Does your employer provide health insurance? You should thank God you even have a job. Quit whining!

Go for it.

Good luck on your job search.

reply to post by ghostsoldier


Here is some research to back up my point.

Employees working split shifts could be harming their health, Health and Safety Executive research has suggested.
A study found offshore oil rig workers who worked seven nights then seven days had a higher risk of heart disease than those who stayed on days or nights.

Split-shift workers were also more tired and inattentive, New Scientist magazine reported.

Source

reply to post by Signals


I wont have to work if I win, but I guess I would be up a creek without a paddle if I lose.

reply to post by Peace Pipe

I'm not sure if you've got the basis for a law-suit, but that does sound bad. The whole working system needs to be rearranged.

reply to post by whaaa


Whining? I am not whining. I am a man with the guts to fight for his human rights. Even our government agrees that my health is a human right. You are stressing me. I might have to sue you for violating my rights too.

Originally posted by Peace Pipe
If healthcare is considered a right by the US government can I sue my employer? See, my job is stressful. I work a swing shift. It is bad for my health. There is tons of evidence that working swing shift is bad for your health. There is tons of evidence that stress is bad for your health. So my employer has violated my human rights. Dont you think I have a right to sue them?

[edit on 29-4-2010 by Peace Pipe]

Unless you can prove you are being physically held by force against your will in that job, as a prisoner and a SLAVE, you cannot sue.

You volunteered to work there, and you are BEING PAID to do that work, and are free to leave at any time.

Just find another job and stop whining.

[edit on 29/4/2010 by Silver Shadow]

reply to post by ghostsoldier


Well I think I do have a right, because the government is behind me on this. They have stated that my health is my human right. Personally, I think we may all have a right to sue or employers unless they make work entirely stress free.

reply to post by Silver Shadow


I cannot find another job. The economy is a wreck. I have a mortgage to pay, credit cards to pay, food to buy, and kids to care for. My job pays really well and I cannot afford to give that up. They have made me their slave.

reply to post by Peace Pipe

Ofcourse you are almost right in philosophy, but that is why we have health-care.

Anyways, good luck with it all.




Sometimes trolls are funny. Sometimes they're not.

reply to post by Peace Pipe


First things first:

Where has health-care been declared a human right by the Federal Government?

If you are referring to the recent passage of the bill in regards to health-care, then I believe you are mistaking what that bill means and what it means to be a 'human right'.

That bill does not grant everyone health-care. If it did, people, regardless of income and status would be provided and afforded the coverage, whereas it currently is going to be given and used at the lower end of our society.

Second: That is life. Not everyone has a cushy job. Some people work in fields that require 24/7 coverage. I choose to work in such a field because I enjoy the challenges. Do I hate the shift work? Sometimes yes. Sometimes I get burnt out working 8 days on, 6 days off then switch to a night shift and then back. This is life. People do what they must. Does it make me a slave? Nope, because again, I chose the line of work.

My suggestion: If you don't like the swings, then look for work that doesn't have that situation.....you still have the choice regardless of your view that you have been forced into being a slave.

reply to post by ownbestenemy

Where has health-care been declared a human right by the Federal Government?

I have heard both Obama and Pelosi say that healthcare is a right. Also I have heard tons of other politicians declare the same thing.

Originally posted by Peace Pipe
reply to post by ownbestenemy

 

Where has health-care been declared a human right by the Federal Government?

I have heard both Obama and Pelosi say that healthcare is a right. Also I have heard tons of other politicians declare the same thing.

You SHOULD sue them. I hope you WIN.

Only by ABUSING this crap to the fullest extent will it reveal the absurdity and stupidity of "Healthcare is a Right" crap.

SUE SUE SUE. Exploit this Loophole!!!

Then when things get way out of hand, they will realize this is a huge waste and a big mistake. And this healthcare is a right stuff will disappear. (We can hope).

I like the OP's thinking and I back his plan.

reply to post by Peace Pipe


Until the Constitution is amended to include the protection and guarantee of health insurance, it is not a specifically recognized 'human right'.

I understand what you are saying, its just that you cannot seriously think that just because some pol spouted that it should be a right or even 'declared' it as such, does not mean it is so.

Also, no politician, government or even Constitution can grant us rights. Our rights predate government and the Constitution (i.e, addressed within the 9th Amendment). The Constitution is only a safeguard to the People and a tool to be wielded in the likes of a tyrannical government that wishes to trample and deny those lovely first 10 Amendments.

Now that out of the way, what exactly are you going to sue under? Are you suing because you do not receive health-care? Is it because you are working shift-work (swings in particular)? A combination of both? Have you researched to see if possibly you have presidents to rely upon?

reply to post by ownbestenemy


I think my precedent or evidence if you will is that my President says that healthcare is more or less a human right. He has put into place laws to force us to by insurance for our own good and to also pay for insurance for those who cannot afford it.

I have health insurance through work. My point of suing is that I have a right to be healthy at an optimum level, as proved in the point that people who cannot afford insurance have a right to have insurance in order to insure their health.

I have had my right to optimum health stolen from me by my employer, because they force me to work swing shifts and sometimes they yell at me at work, which is so stressful sometimes I walk away trembling or fighting back the tears. It is just not right.

reply to post by Peace Pipe


How are you being 'forced'? Have you been subjected to involuntary servitude? While you can make a point of being a 'slave wage' and that the money is good, that is the choices you are making for yourself. You have declared that the pay is too good to give up yet you are complaining of the sacrifices you must endure to enjoy that good pay.

Using the fact that President Obama has signed into law a health care bill (one by the way, in which I do not agree with and see no actual benefit for the People) as your backing would be dismantled and eaten alive in the court of law. Your employer has provided you the opportunity to take part in an employee sponsored health care program. They must adhere to OSHA regulations, what else do you want?

I guarantee that if you pressed the issue, your employer will let you go and seek out an individual that is willing to sacrifice in order to enjoy the benefits you currently enjoy if you were to attempt to sue them.

Swing shifts, Aka working a double. I don't think mental anguish is enough for an employ benefit check. Those come in 25,000 these days right? I don't know about suing though, lots of folks love suing and its amazing the things they get away with, but i doubt that one will go through.