Employees have the right to work in a safe environment
Section 11(c) of the Occupational Safety and Health Act prohibits employers from retaliation against employees who exercise rights guaranteed under the Act.
If an employer requires its employees to work in an unsafe environment or perform job duties in a way that subjects the employees to an unreasonable risk of injury, an employee can file a complaint with the Department of Labor.
An employer may not discharge or retaliate against an employee who has filed a complaint or instituted or caused to be instituted a proceeding under or related to the OSH Act. If the employer fires an employee for refusing to work in unsafe conditions, the employee can file a Section 11(c) complaint with the Department of Labor. If the Department of Labor investigates and finds that the employee’s claim of retaliation is supported, it may pursue a claim on the employee’s behalf and seek reinstatement, payment of back pay with interest, compensation for special damages, punitive damages, or other non-monetary relief.
An employee has only a short period of time to file a complaint under Section 11(c) if the employee believes he or she has been retaliated against by the employer for complaining about unsafe work conditions or filing a complaint with the Department of Labor.
If you believe you have been retaliated against because of your safety complaints, contact the attorneys at Johnston Tobey Baruch for an evaluation of your claims by clicking the Tell Us About Your Case button and selecting the Employment Law option.
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