I am a "at will" employee in the manufacturing industry. At my workplace, a serious accident took place causing injury to anoth

er employee. A OSHA/internal investigation is taking place. I was not directly involved in the situation, not knowing personel were in the area or that any work was going on. I did witness actions prior to any work began, so I've been called in to the internal investigation. I have found out that the supervisor that was at the site during the accident, has stated I was there and gave the ok for some of the events that took place. During the company investigation, it was stressed to me that I could speak to no one, if so 'it could have a effect on my employment". I questioned that statement, stating that I felt I"d been slandered. So since this is a "at will" employer and this isn"t discrimination, could I be fired for contacting a personal attorney or OSHA?

Houston, TX -

Attorney Answers (2)

Steven E. Petrou

Steven E. Petrou

Employment / Labor Attorney - Cypress, TX
Answered

Your employers is not supposed to retaliate against you or terminate you because you spoke to OSHA. Congress put an anti-retaliation provision in OSHA, so employees can be free to report dangerous conditions without retaliation. You should contact an attorney or OSHA and file a claim for retaliation if your employer takes any action against you.

This is not intended to be legal advice, but is only for general information. Cantact an attorney in your area... more
Michael Vincent Galo Jr.

Michael Vincent Galo Jr.

Employment / Labor Attorney - San Antonio, TX
Answered

it is protected activity to participate in an OSHA investigation. I recommend that you contact OSHA, and that you advise the OSHA investigation specifically of what you know and dont know to set the record straight.

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