Assert Your Safety Rights Without Fear of Retaliation

You have the right to work in safe working conditions as an employee. Regrettably, some companies threaten the reputations and livelihoods of workers who report hazardous working environments or request the safe working conditions they are entitled to. Examples of employer retaliation you could face include receiving unfair negative performance reviews, reduction in pay, demotion, emotional abuse, and termination.

If you face retaliation after reporting workplace health and safety issues or demanding better working conditions, knowing you are not alone is crucial. By consulting Empower Sexual Harassment Attorneys, you can gain an understanding of your case and the appropriate steps to take to protect yourself. We can help you navigate the complexities of retaliation cases in San Diego, ensuring your rights are upheld and your voice is heard.

Understanding Your Workplace Health and Safety Protections

Employees have the right to a safe working environment based on the Occupational Safety and Health Act. The law guarantees an employee’s safety in the workplace and requires an employer to implement relevant measures to adhere to this provision.

If you experience a harmful or toxic working environment, you should inform your supervisor or manager, who is lawfully required to undertake corrective measures.

Your workplace rights include the following:

Proper Workplace Safety Training

Before commencing work, your employer should offer you the relevant safety information. Furthermore, you must receive training on how to protect yourself from safety risks.

Every employer is required to offer employees the following:

• Labels to show work-related harmful products
• Safety data for any hazardous chemicals the worker might handle on the job
• Notification when the employee gets exposed to levels of harm that exceed OSHA’s limit
• Training on safety measures for potential hazards while on the job

A Secure Workplace

Every employer should establish an injury or illness prevention program. The program guarantees no safety hazards or risks for employees while on the job. Therefore, the employer must document the condition of every piece of work equipment, and you are entitled to view the documents. Exercising this right can help you safeguard yourself against safety risks.

Safety Gear

Based on the nature of your work and the level of risk, your employer must provide you with protective gear to reduce your exposure to harm. The safety gear can help protect you from hazards like harmful chemicals.

Request the Employer to Address Your Safety Concerns

You can ask your supervisor or manager to implement necessary changes to fix workplace safety issues. If you inform your employer of the safety violations and they fail to address them, you can report your concern to OSHA.

Moreover, if you experience an injury due to unsafe working conditions, you should file a lawsuit against your employer to recover damages.

Anonymously Request Relevant Agencies to Inspect the Workplace

If you suffer from unsafe working conditions, you can inform OSHA anonymously. Your report will enable OSHA to undertake a confidential inquiry to ascertain your claims.

Declining to Undertake Unsafe Tasks

Per California Labor Code 6311 LC, you can decline job tasks that would violate safety standards and create a real and apparent hazard.

Filing a Petition with OSHA for a Review of Safety Protocol at Your Workplace Sometimes, you can identify a safety concern at your workplace and discover that no existing law addresses the matter. In this case, you may petition OSHA to establish a standard safety protocol to address the concerns. OSHA can implement these safety protocols after evaluating and investigating the claims of hazardous working conditions. OSHA could also involve you in drafting the new protocol.

File an Unsafe Workplace Complaint

Finally, you have the right to file your complaint with OSHA or any appropriate agency.

Helpful Measures When Experiencing Unsafe Working Conditions

State and federal laws safeguard employees from being subjected to unsafe working conditions. Sadly, breaches of these regulations occur often in workplaces. Suppose you believe that your supervisor or manager has compromised your health and safety. In that case, you have the legal right to consult a workers’ compensation lawyer to discuss the potential risks of accidents on the job.

Other measures include the following:

Report the Issue

If you notice that conditions at your workplace pose a risk of injury, you should first report the hazardous working environment to your manager or supervisor. Remember to request that they correct the issue.  If they fail to implement appropriate corrective measures promptly, you should report the problem to OSHA and consider contacting an attorney.

Refusing to Work in a Hazardous Environment

You can refuse to continue working in situations that you believe may cause severe injury or death. Per California law, you can refuse to work for reasons that include the following:

• You have notified your employer of the hazardous working condition, but the employer has failed to fix it.
• You do not have adequate time to report the hazardous work environment to the relevant authorities.
• There are no reasonable alternatives in place to work without safety risks.

If you reasonably believe that working in an unsafe environment will endanger your health or life and your employer declines to fix the safety issue, you can refuse to do the work. In this case, your employer is legally forbidden from retaliating against you because you refused to work under hazardous conditions.

Definition of Workplace Retaliation

The U.S. Department of Labor defines retaliation as any adverse action against an employee for engaging in protected activities. A manager, supervisor, or administrator can retaliate against an employee directly or indirectly.

A protected activity means any activity an employee has the legal right to engage in without fearing retaliation. Reporting a dangerous working environment or unlawful activities to the relevant authorities is a perfect example of a protected activity.

An employer can retaliate against an employee in different ways, including the following:

Workstation Transfers

You may experience retaliation if your employer transfers you to a less desirable workstation after you raise safety concerns.

You Experienced a Demotion

Demotion refers to lowering your rank at the workplace. For instance, your employer demoted you from a manager to a regular employee after raising hazardous working environment issues.

Reduced Working Time

In most jobs, an employee is paid by the number of hours they work. Therefore, you might be a victim of workplace retaliation if your employer lowers your working hours or pay. In this case, if you have evidence, you can show that the retaliation occurred after reporting hazardous working conditions.

Job Termination

Termination is a common workplace retaliation against workers who ask for an enhanced working environment or report their supervisor or manager to OSHA for a harmful working environment. Termination can cause financial ruin. Fortunately, employees are safeguarded from job dismissal for exercising their workplace safety and health rights and can file a suit against their employer due to unlawful termination.

Threats and Intimidation 

If you have reported your employer to OSHA for unsafe working conditions, you could face threats or intimidation at your workplace. You can prove any bullying conduct by presenting evidence showing discriminatory comments or acts against you.

Negative Performance Reviews

Employees are subject to periodic review at the workplace, following which the supervisor or employer writes a performance report. Companies use these assessment reports to determine pay increases, promotions, terminations, or demotions.

Employers know that terminating any employee who raises workplace safety concerns can cause a lawsuit. Therefore, they could issue a negative performance review and utilize it to impose more adverse actions against you.

Unfair Treatment

Unfair treatment can include the following:

• Exclusion from crucial meetings
• Getting less favorable work shifts
• Increased workload
• Denial of work-related benefits
• Denial of promotions you have qualified for

If you have experienced retaliation from your employer after raising concerns about unsafe working conditions, you can seek civil action through OSHA and file a suit against them.

How to Prove Workplace Retaliation

You are responsible for proving any retaliatory action after invoking your workplace safety and health rights. Your attorney will present evidence to support your case, which can include the following:

• Records of your supervisor’s calls
• Emails and other written communications, including messages between you and your employer or supervisors.
• Testimonies from former colleagues who can attest to how often the retaliation has occurred in your workplace.
• When the retaliation happened after engaging in a protected activity
• Your coworkers’ testimonies, who witnessed the retaliatory action against you
• Whether your employer’s explanations for the adverse behavior against you change over time
• Notes in your personnel file
• Whether the retaliatory action deviated from your employer’s policies

You can obtain some pieces of evidence only by filing a retaliation claim.

How to Address Workplace Retaliation (Steps to Take)

Here is what to do if you are experiencing workplace retaliation:

Understand Your Rights

You should seek legal assistance from your skilled attorney. The lawyer will offer guidance on rights, assess your case’s merit, and guide you on the next course of action.

Try to Address the Matter Internally

You should first handle the retaliation with your human resources department or employer through informal or formal channels. You can also try to resolve the matter through your company’s dispute resolution mechanism. Remember to document the interactions and responses.

Write Down Everything

Keep detailed documentation of retaliation incidents, their dates, witnesses, and necessary communications. Keeping records can support your case and offer proof if you pursue legal action.

Consider Dispute Resolution Avenues

Explore alternative dispute resolution methods, like arbitration or mediation, to resolve the matter out of court. A seasoned mediator can facilitate constructive dialogue and assist both parties in reaching a mutually acceptable resolution.

File a Complaint

If internal resolution is not feasible or fails, consider filing a formal complaint with the appropriate regulatory agencies.

File a Suit

If all other avenues fail to resolve the workplace retaliation against you, consider filing a suit against the employer. Your experienced attorney can assist you in navigating the legal process by collecting evidence and representing you in court.  

Types of Compensation Accessible in a Workplace Retaliation Suit

Following a successful retaliation claim, you can qualify for damages from your employer. Recoverable damages in retaliation claims include the following:

• Back pay — Back pay means lost wages because of retaliatory action at the workplace, including missed bonuses and other benefits.
• Front pay — It refers to the approximate future pay and any benefits lost because of workplace retaliation.
• Legal fees — Lawyer fees include payment for legal representation and other related litigation costs.
• Damage to professional standing — The court can offer these damages after assessing the harm to your future career opportunities due to a demotion or retaliatory action.
• Emotional distress — The court can compensate you for any psychological damage caused by your employer’s retaliatory action. The emotional harm can be anxiety and trauma.

Sometimes, the court can award employees punitive damages. Punitive damages seek to penalize employers for engaging in extremely harmful or harsh acts of retaliation. These damages only apply in the most severe cases and are not awarded in all cases.

How Much is Your Retaliation Lawsuit Worth?

The compensation amount awarded in a workplace retaliation claim varies based on the case’s circumstances. Different factors affect the potential value of a retaliation claim. Those factors include the following:

• Proof — Strong proof has a significant impact on your claim’s value. Compelling evidence of your employer’s unlawful retaliatory behavior reinforces your compensation claim. Valuable proof includes emails, memos, pay stubs, voicemails, text messages, performance reviews, and performance reports.
• Your employer’s history — Your employer may have subjected other employees to threats or intimidation after reporting unsafe working conditions. A company with a history of documented mistreatment or retaliatory conduct against workers who invoke their protected activity rights could be a basis for a higher payout.
• Your damages — The scope of the harm you suffered because of your employer’s retaliatory action is directly proportional to the potential worth of your claim. If you incur a lot of loss, your compensation will be high.
• Legal representation — A seasoned lawyer plays a significant role in determining your case’s potential worth. An attorney with extensive experience in workplace retaliation cases knows the legal strategies to develop a formidable claim in your favor. They will assist you in collecting documentary proof you may overlook and interview witnesses who will support your claim. Your lawyer is equipped to challenge your employer’s justifications for their behavior. They will also advocate for your interests in settlement negotiations or before the court, ensuring you obtain maximum compensation.

Legal Protections Against Workplace Retaliation

Various statutes protect employees who report health and safety breaches, including hazardous workplace conditions, from employers’ retaliatory actions, including demotion, intimidation, firing, harassment, or reduction of pay or working hours. These laws include the following:

California Labor Code 1102.5

Labor Code 1102.5 is the whistleblower protection law that safeguards employees against their employer’s retaliation for doing the following:

• Testifying or reporting about your workplace’s noncompliance with a regulation or law. The law still protects you even when the alleged violation was already known.
• Volunteering details or testifying to a governmental regulatory body performing an investigation, hearing, or inquiry about what the worker considers non-compliance with a law or regulation.

This law also protects you from your employer’s retaliation for any whistleblowing activities that you engaged in while working for your former employer.

While the general statute of limitations (SOL) per Labor Code 1102.5 for suing your supervisor or manager is three (3) years after your employer’s retaliation, certain penalty components might have a shorter SOL. However, you should notify the California Labor and Workplace Development Agency and other relevant agencies before filing your lawsuit via an online form and the employer through certified mail.

The Labor and Workplace Development Agency could decide to investigate the complaint. If it decides not to investigate, it should inform you within sixty-five days. In this case, you can file a civil lawsuit.

If your retaliation case proceeds to trial, you bear the burden of proving the case through a preponderance of the evidence that your employer retaliated against you due to your whistleblowing.

Your supervisor or manager can present compelling proof against your retaliation claim. If the employer cannot submit convincing evidence against your claim, they could be liable for retaliation.  

OSHA’s Whistleblower Protection Program

A whistleblower is a person who reports potential health and safety risks, among other things, to the relevant authorities.

Whistleblowers are mostly insiders or employees of companies who have direct access to large amounts of data and information that a nonemployee would not have. Therefore, these employees help regulators by exposing illegal practices for enforcement.

OSHA’s Whistleblower Protection Program contains more than 20 federal laws that are enforced to safeguard employees from retaliation for, among other things, raising concerns regarding potential workplace hazards.

Employees who believe they have faced workplace retaliation in contravention of these laws can bring a complaint to OSHA within the appropriate statute of limitations. You can file your complaint with OSHA by sending the complaint to your local OSHA office, filing the complaint online, or calling or visiting the office. You do not require any specific form and can submit the complaint in any language. Please note that you should file your complaint within the required timeframe that varies depending on the statute under which you filed the complaint.

Once OSHA receives the complaint, it will review the complaint to determine whether you have satisfied basic requirements. If so, OSHA will investigate the matter to determine whether your employer retaliated against you for engaging in an activity that one of OSHA’s whistleblower laws protects. The agency can try to help you and your employers reach a case settlement.

If OSHA determines that retaliation violated the OSH Act, the Secretary of Labor can file a lawsuit in federal district court to acquire relief. If the agency decides that retaliation did not happen, it will dismiss the matter.

Per other whistleblower laws, if proof supports your complaint, OSHA will issue an order requiring your employer to compensate you. If the proof does not support your complaint, the agency will dismiss your complaint.

Once OSHA issues its decision, you or your supervisor or manager can request a hearing before an administrative law judge.

Public Employees (Government  Code 8547)

The California Whistleblower Protection Act, per GC 8547, protects state personnel who report one of the following:

• Violating executive orders, regulations, court orders, or laws
• Conditions that can considerably threaten the safety or health of the public or employees
• Governmental activities that are economically lavish or involve gross misconduct, inefficiency, or incompetence.

Before filing your lawsuit against the employer for a Government Code 8547 violation, you should bring your complaint to the California State Personnel Board. You must file the complaint within a year of your retaliation.

Why Seek Legal Representation

An experienced and qualified lawyer plays a significant role in your workplace retaliation case in the following ways:

• The attorney will assist you in collecting evidence, developing formidable legal arguments, and negotiating with your employer or their legal counsel.
• Your lawyer can also aid you in navigating the intricate web of California employment laws and rules that pertain to retaliation claims.
• The attorney will work to safeguard your rights to ensure your employer’s legal team or your employer does not take advantage of you.
• Your lawyer will support you throughout the retaliation claim process by guiding and reassuring you during this emotional and stressful time.
• If you are successful in your retaliation claim, you could be eligible for compensation and remedies. The legal counsel will work to ensure you receive the compensation you deserve as determined by the court or through settlement negotiations.

Contact Skilled Legal Assistance Near Me

In the heart of every employee lies the unspoken fear of facing retaliation after demanding a better health and safety working environment or reporting the matter to the relevant authorities. Luckily, there are laws that protect you from any form of retaliation. Winning your retaliation case can be challenging, but it is possible when you substantiate it with evidence and have skilled legal representation. That way, your claim gains credibility and strength.

If you believe your supervisor or manager is retaliating against you for engaging in protected activity, contacting Empower Sexual Harassment Attorneys at 619-604-3027 is the most effective way to fight for the compensation you deserve. Our San Diego-based attorney can stand with you throughout the process and guide you to ensure your best interests and rights are protected.