Question 1

How quickly do I need to report OSHA retaliation?

Accepted Answer

OSHA retaliation claims have very short deadlines — you must file a complaint with OSHA within 30 days of the retaliatory act for many safety-related retaliation claims. However, California state law retaliation claims under Labor Code §1102.5 have a 3-year deadline. Do not wait — consult an attorney immediately after any retaliation for reporting safety violations.

Question 2

I was fired after filing a complaint with HR. Is that illegal?

Accepted Answer

Very likely yes. Terminating an employee for filing an HR complaint about discrimination, harassment, or wage violations is retaliation — which is prohibited under FEHA (Gov. Code §12940) and the California Labor Code. You do not have to prove the underlying complaint was valid; the retaliation itself is the violation.

Question 3

What happens if I report sexual harassment and my employer retaliates?

Accepted Answer

Retaliation for reporting sexual harassment is a separate and additional legal violation under FEHA. If your employer fires, demotes, cuts your hours, assigns you unfavorable work, or creates a hostile environment after you report harassment, you have both a harassment claim and a retaliation claim. Retaliation often results in additional damages.

Question 4

What activities are protected from retaliation in California?

Accepted Answer

California Labor Code §1102.5 protects employees who report violations of any law, rule, or regulation to a government agency, supervisor, or co-worker. Other protected activities include: filing wage claims, reporting safety violations to OSHA, requesting family or medical leave, filing workers' compensation claims, serving on jury duty, and exercising any legal right. Retaliation for any of these is illegal.

How quickly do I need to report OSHA retaliation?

Answer

Need Legal Help?

Related Questions

Practice Areas

Locations