You notice something at work that seems unsafe.
Maybe equipment is not being properly maintained. Maybe employees are being exposed to dangerous conditions. Maybe you report a recurring hazard that management has ignored.
You say something.
Then something changes.
Your hours are cut. You are written up. Your supervisor’s attitude changes. Or you are fired.
California law protects employees from retaliation for reporting certain workplace health and safety concerns. An employer cannot lawfully fire an employee because the employee exercised protected workplace safety rights.
If you believe you were fired because you raised a safety concern, contact our Los Angeles employment lawyers today.
You Do Not Have to Report the Problem to Cal/OSHA First
One important point: a safety complaint can be protected even if you made it internally.
California law protects employees who make oral or written complaints about unsafe working conditions or work practices. That protection is not limited to employees who file formal complaints with a government agency.
Depending on the circumstances, protected activity can include:
- Reporting unsafe or unhealthy working conditions;
- Complaining about unsafe work practices;
- Filing a complaint with Cal/OSHA;
- Participating or testifying in a workplace safety proceeding;
- Exercising rights under California occupational safety and health laws;
- Participating in certain workplace health and safety committees; or
- Reporting a workplace injury to your employer.
So if you told your supervisor, manager, or another appropriate person at work about a safety problem, the fact that you never contacted Cal/OSHA does not necessarily mean you were unprotected.
What Can Safety Retaliation Look Like?
Retaliation does not always begin with termination.
After reporting a safety concern, consider whether:
- Your hours or pay were reduced;
- You were moved to a worse shift or assignment;
- You suddenly began receiving disciplinary notices;
- Your performance reviews changed;
- You were excluded from opportunities you previously received;
- A supervisor told you to stop raising safety concerns; or
- You were suspended, demoted, or fired.
California’s Labor Commissioner identifies termination, demotion, suspension, reductions in pay or hours, and other negative employment actions as potential forms of retaliation.
Timing alone does not prove retaliation. But what happened before and after you reported the safety problem can matter.
What if You Refused to Do Something You Thought Was Unsafe?
This situation can be more complicated.
California law provides protection in certain circumstances when an employee refuses to perform work because doing so would violate an occupational safety or health law, standard, or order and the violation would create a real and apparent hazard to the employee or coworkers.
That does not mean an employee can refuse any task simply because it feels unsafe.
The particular hazard, the applicable safety requirements, what the employee was asked to do, and the circumstances of the refusal can all matter.
If you were fired after refusing dangerous work, document exactly what you were asked to do, why you believed it was unsafe, what you told your employer, and how your employer responded.
What if Your Employer Says You Were Fired for Something Else?
Your employer may say the safety complaint had nothing to do with your termination.
Maybe the company says you had performance problems. Perhaps you violated a policy. Maybe you were told there was a restructuring.
Sometimes those explanations are legitimate.
But compare the explanation with the evidence.
Ask yourself:
- What did your performance reviews look like before the complaint?
- When did the alleged performance problems begin?
- Were you disciplined for conduct that had previously been tolerated?
- Did your employer’s explanation for the termination change?
- How soon after your safety complaint were you disciplined or fired?
- Did anyone make comments suggesting that your complaint was creating problems?
No single fact necessarily proves retaliation. But several facts considered together may raise questions about whether the reason given for your termination was the real one.
What Should You Save?
If you believe you were fired for reporting a safety issue, preserve records you are legally entitled to keep.
Useful evidence may include:
- Emails, texts, or messages reporting the safety concern;
- Photographs or records you are legally entitled to possess showing the condition you reported;
- Your employer’s response to your complaint;
- Cal/OSHA communications, if you made an external complaint;
- Performance reviews;
- Disciplinary notices;
- Work schedules or pay records showing changes in hours or assignments; and
- Your termination or separation paperwork.
It can also help to write down a timeline while the events are fresh.
What did you report? Who did you tell? When did you tell them? What happened next?
The California Labor Commissioner similarly recommends gathering records showing employment conditions both before and after the employee exercised a protected right.
What Can You Do if You Were Retaliated Against?
Employees who believe they were retaliated against for raising workplace health or safety concerns can file a retaliation complaint with the California Labor Commissioner’s Office. Most retaliation complaints within the Labor Commissioner’s jurisdiction must be filed within one year of the retaliatory action.
Employees also have the right to file workplace safety and health complaints with Cal/OSHA, and the identity of a person who submits a Cal/OSHA complaint must generally be kept confidential unless that person requests otherwise.
Different claims can have different procedures and deadlines, so do not assume that one deadline applies to every possible claim.
If you believe you were fired after reporting unsafe working conditions, preserve your records and document what happened. An experienced San Diego, CA employment attorney can review the safety concern you raised, how your employer responded, and the circumstances surrounding your termination to help determine whether your rights may have been violated.