Employers should always be careful with their actions and avoid enforcing illegal employment practices because they may be reported by their employees to the rightful authorities.
An employee will be called a whistleblower if he complains that the employer committed safety and health violations, financial mismanagement, or shareholder fraud. He will also be considered as such if he participated in an investigation being conducted by the Occupational Safety and Health Administration (OSHA) or other government agencies. In this case, he will be protected from retaliation even he is not the one who filed the complaint.
Functions of OSHA
The primary task of OSHA is to regulate and monitor workplace conditions so that employees will not exposed to different hazards. Under the Occupational Safety and Health Act, which is also called OSHA; employers are prohibited from terminating or retaliating against employees who have exercised their rights.
Some examples of employee rights include the following:
- Right to file a complaint
- Right to participate or testify in an OSHA investigation or inspection
- Right to participate in OSHA inspections
- Right to ask OSHA to inspect the workplace
You can ask the agency to hide your identity in order to avoid possible problems. A complaint may be faxed or mailed to an OSHA office or filed online.
Most of the complaints that were filed through the internet can be resolved easily. Employers should be careful with the ones that are signed by the complainant and personally filed in the nearest OSHA office because they are likely to cause an inspection.
The employer may be held liable in a whistleblower claim if he performs one of the following actions against you after you have filed a complaint:
- Demotion or denial of promotion
- Reducing work hours or salary
- Making grave threats
- Reducing your chances of being employed in other companies (blacklisting)
If your employer retaliated against you after you have reported company violations, you should immediately contact an OSHA office. You may be asked to submit a written complaint so it is better if you acquire the help of a legal expert.
An employment attorney is Los Angeles can prepare the complaint for you. He will gather and present enough evidence which shows that your employer failed to comply with OSHA's rules. In addition, he will also prove that you were unjustly by your employer after you complained regarding the alleged violation.