What To Do If Your Employer Fights Back

What to do if your employer punishes you for assisting in an investigation concerning an unsafe workplace.

The Occupational Safety and Health Act, or OSHA, forbids your employer from lashing out at you -- cutting your pay, demoting or firing you -- because you file or help investigate a complaint about an unsafe workplace. However, the Act does not authorize you to enforce this restriction by going directly into court; you must ask OSHA to intercede.

If you suspect illegal retaliation, you have 30 days from the time the illegal action took place to file a complaint about it with your local OSHA office. The outcome of illegal discrimination complaints filed under OSHA often turns on whether you can prove that you were fired or demoted because you contacted authorities, not because your performance slipped or economic cutbacks made it necessary. Be sure to back up your complaint with as much documentation for your employer's action as possible.

Once you have filed a complaint about illegal job discrimination, OSHA has 90 days to respond. If you have shown that you were fired or otherwise punished because of complaining to OSHA, the compliance officer handling your complaint will attempt to convince your employer to take the proper action to remedy the situation. For example, if you were demoted in retaliation for your complaint, the OSHA compliance officer would probably ask your employer to reinstate you to your original position and give you the backpay to which you are entitled.

If OSHA is unsuccessful in talking your employer into reversing the effects of the illegal discrimination, it can sue your employer in federal court on your behalf.

To read and printout a copy of the Form please link below.

Checklist: Has My Employer Followed the Law?

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Copyright © 2002 Nolo

Disclaimer

This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.