It is illegal for your employer take any adverse action against you – including making decisions about wages, promotions, discipline, suspensions, or terminations – because you filed a good faith OSHA complaint with your employer or were a whistleblower of OSHA violations. Moreover, employees are protected if they refuse an order by their employer to perform an act that they believe violates any state or federal OSHA law, statute, rule, or regulation. Good faith does necessarily mean that you are correct about the violation – it simply means that you have to actually believe that the law is being violated.
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OSHA Retaliation FAQs
+ What laws protect OSHA violation reporters?
The federal Occupational Safety and Health Act (OSHA) was enacted in 1970 to protect workers by requiring certain safety and health standards for employers and workplaces. Minnesota has also enacted MN OSHA, which incorporates the federal statute and provides additional protection for employees. Both of these statues include provisions protecting employees from being retaliated against for bringing a complaint to their employer or whistleblowing.
+ How do I prove an OSHA retaliation claim?
First, we need to establish that you engaged in protected activity – that you made a good faith report to a supervisor or manager about a suspected violation of the law.
Then, we must prove that the stated reason for an adverse employment decision is not the actual, illegal reason – reporting unlawful activity or refusing to engage in it. We need to demonstrate that the reason for the adverse employment decision is either factually wrong or that it wasn’t applied equally to similarly-situated employees.
+ How much is an OSHA retaliation case worth?
This depends on the strength of your case, the amount of damages you’ve suffered, and ultimately on the ability of your employer to pay. While it is not possible to state what the average settlement for an OSHA retaliation case is, we will be able to better estimate the possible outcomes during your free consultation.
+ Can I claim OSHA retaliation even if I quit?
Yes. If your employer made working conditions so hostile that you had no choice but to resign, this is known as constructive discharge. OSHA retaliation claims may still apply under these circumstances.
+ What is the statute of limitations for an OSHA retaliation case?
Because OSHA retaliation is protected by OSHA, MN OSHA, and the Minnesota Whistleblower Act, the statute of limitations is highly variable depending on the type of claim you are pursuing. The best practice is to contact an employment lawyer immediately if you think you may have a claim.
+ What should I do if I’ve been retaliated against for reporting OSHA violations at work?
Write everything down: what happened to you; the date and to whom you made your good faith complaint, what they said in response, and who was present as witness; the dates and who made the adverse employment decisions, what they said were the reasons for the decisions, and who was present as witness; whether you think the reasons your employer gave you was accurate and why; the names of employees that you think may have useful information; and the types of documents that you think may have useful information.
Gather documents: pay stubs; personnel files; employee handbook; any other letters, text messages, or emails from your employer that you think might be helpful. You should send a written request to your employer requesting your personnel file and the reason for the decision about wages, promotion, discipline, suspension, or termination, which must be provided to you under Minnesota law.
If your employer has not paid you all of your wages or given you your last paycheck, request those wages in writing.