Protect Your Workplace Safety Rights Without Fear

Merrick Law Firm LLC is committed to ensuring you can exercise your workplace safety rights with confidence, knowing that the law is on your side.

Federal and state regulations firmly prohibit any form of employer retaliation for employees standing up for their rights under workplace safety statutes.

Retaliation includes adverse actions taken by an employer, such as assigning less favorable duties, issuing unjustified poor performance reviews, bypassing you for promotions, demotion, or termination, all as a penalty for making lawful safety requests or complaints.

Your Safeguards Against Retaliation Under State Laws

A multitude of state laws offer you legal recourse against retaliatory actions by employers related to workplace safety concerns. You are entitled to take legal action in court and can also report your issues to your state’s occupational health and safety body. To explore your rights and the appropriate measures in your state, reach out to its dedicated health and safety institution.

Federal Protection Under OSHA

The federal Occupational Safety and Health Act (OSH Act), unlike some state legislation, does not empower employees to directly sue employers. If facing retaliation, you must seek intervention from the Occupational Safety and Health Administration (OSHA), an arm of the U.S. Department of Labor.

If retaliation occurs following an OSHA-related complaint, you must file a retaliation complaint with OSHA within a deadline of 30 days. This is separate from your initial complaint regarding the workplace safety issue.

Success in a retaliation case hinges on proving the adverse action resulted due only to your OSHA-compliant safety complaint, not due to unrelated issues like job performance or downsizing. Documentation is vital to supporting your case and linking the employer’s adverse actions with your complaint.

Upon filing a retaliation complaint, OSHA’s examination will determine the course of action. Should the investigation confirm retaliatory measures, an OSHA compliance officer will work to rectify the situation with your employer. This could entail reinstatement to your prior job role and compensation for any lost wages.

If OSHA cannot reach a resolution, they are authorized to represent your interests by filing legal action in a federal court against your employer.

For further details regarding your rights and protections against retaliation under the OSH Act, you can visit www.osha.gov.

Please note that the information provided here is for general guidance and should not be construed as legal advice. The legal landscape is ever-evolving, and Merrick Law Firm LLC advises seeking personalized legal counsel to discuss how current laws may pertain to your particular circumstances.

For inquiries and legal support, do not hesitate to contact Merrick Law Firm LLC at (312) 269-0200 – our dedicated team is here to empower and advocate for your workplace rights.