Many employees have serious concerns about workplace safety. The health of all workers may be significantly impacted by hazardous situations, including the use of harmful chemicals, a lack of proper safety equipment, or exposure to toxic substances.
Through the Occupational Safety and Health Act (OSHA) and similar state regulations, the United States has significantly improved workplace safety during the past century. However, some firms continue to skimp on safety in order to save money, or even unintentionally expose workers to hazardous situations. Workers are frequently forced to choose between risking their employment by complaining or risking their health by remaining silent.
Policies have been put in place to protect workers
Fortunately, policies have been put in place to shield workers from having to make this decision. Wrongful termination laws and a number of state statutes, as well as federal law (under OHSA), specifically protect employees who file safety complaints. For instance, California has a special statute that safeguards those who report violations of occupational health and safety.
Retaliation against employees who report violations of California’s occupational health and safety standards to the California Division of Occupational Safety and Health is forbidden under California Labor Code 6310. Additionally, this rule forbids employers from discriminating against or retaliating against relatives of those who file reports of worker health and safety concerns.
What does it mean to be an “at-will” employee?
Both California and Arizona are at-will employment states, which means that as long as there is no violation of the law, an employer may terminate an employee at any time and without cause. However, it is illegal to fire a worker because he or she reported a safety issue, whether to the federal or state government or through internal corporate channels. As a result, terminating a worker for raising concerns about safety issues may be regarded as unlawful.
There are many potential types of retaliation
It’s important to note that once an employee files a safety complaint, other forms of retaliation that don’t include dismissal may also take place. This could entail demoting an employee or creating working conditions that are so unpleasant that leaving is the only option available, which is known as constructive termination.
As an alternative, an employer can decline to advance a worker, deny him or her access to learning opportunities, or even withhold the tools necessary for the job. This could be retaliation in any or all of its forms. If you think that you were terminated or subjected to retaliation because you made a safety complaint, a knowledgeable wrongful termination lawyer can discuss your options with you.
Contact an attorney if you believe you have been retaliated against for whistleblowing
Employees who believe they were wrongfully terminated or faced retribution for reporting safety issues may bring a claim against their company. Nevertheless, depending on whether the case is brought in federal or state court, there are particular steps that must be taken before filing this type of litigation. A knowledgeable wrongful termination lawyer can ensure that all the necessary procedures are followed and assist you in deciding whether filing a case is the best line of action for you. Because there are strict time limits for filing these claims, it’s imperative that you speak with a wrongful termination lawyer right away to learn more about your options.
PLBH can assist you if you feel that you were fired or subjected to retaliation because you voiced concerns about safety. Our skilled wrongful termination lawyers have more than 50 years of combined expertise helping clients receive justice. Call (800) 435-7542 or send an email to info@plblaw.com to set up a consultation and find out more about how we can help.