When an employee reports a serious problem at his place of employment and his boss responds by terminating the employee, the worker may have a cause of action against his former company. Depending on the employee’s job, he may be able to get help from OSHA.
The Occupational Safety and Health Administration (OSHA) handles investigations into certain retaliatory workplace terminations. Some of the types of reports that lead to wrongful termination claims investigated and pursued by OSHA include:
- Safety issues in the workplace;
- The presence of asbestos in schools;
- Airline infractions;
- Wrongful actions taken by commercial motor carriers;
- Consumer product dangers;
- Environmental concerns;
- Financial improprieties;
- Health insurance violations;
- Automotive defects;
- Public transportation concerns;
- Nuclear plant errors; and
- Securities law violations.
These are only broad categories and there are many types of reported wrongdoing that may lead to a whistleblower investigation. A person who believes that his termination was the result of a report that he made should contact OSHA as soon as possible after the termination or demotion in pay or responsibilities. There are other behaviors that qualify as a violation of an employee’s rights as a whistleblower. When an employer or former employer attempts to blacklist the employee from other jobs or professional organizations, there may be cause for a case. Other possible violations include:
- Being denied a promotion or being passed over for overtime;
- Having disciplinary reports made in the employee’s record;
- Not being hired on a permanent basis;
- Reassignment to position that is less desirable than the previous role;
- Transfer to another location;
- A reduction in assigned work hours or the hourly rate of pay;
- Suspension from employment, with or without pay; or
- Any other actions that are adverse to the interests of the employee.
A person may file a complaint in person, over the telephone, or through a written communication. The date of the communication, regardless of the date on which it is received, serves as the date of the complaint. Generally, an employee must file the complaint within thirty (30) days of the retaliatory action. There are no specific forms for filing a complaint. Public employees are not covered by the Occupational Safety and Health Act, with the exception of post office employees. OSHA evaluates the merits of a filed complaint and then decides whether there is evidence of retaliation based on the following findings:
- The employee was participating in a protected activity when he acted as a whistleblower;
- The employer learned about the employee’s action or had reason to suspect that the employee had reported a violation;
- The employer took action that was adverse to the employee’s position or wages; and
- The employer was motivated, at least in part, by the employee engaging in the protected activity.
If OSHA determines that the employer retaliated against the employee, it may attempt to negotiate a resolution with the employer. If this fails, OSHA may take action that includes issuing on order addressing the following remedies:
- Mandating that the employer reinstate the employee;
- Paying the employee all back wages that were lost as a result of the wrongful termination or demotion;
- Restoring lost benefits; and
- All other actions necessary to make the employee whole after the wrongful actions of his employer.
In light of the above, keep in mind that the employer does have the right to contest the order.
It is important to contact an experienced whistleblower protection attorney as soon as you learn about retaliatory actions by an employer. The Mississippi Qui Tam/Whistleblower Attorneys at Barrett Law PLLC understand how to work with you and the appropriate regulatory agency in order to get justice for the wrong that was done when your employer took action against you for engaging in a protected activity. To discuss what happened to you in a free and confidential consultation, call us at (601) 790-1505.
