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I filed an OSHA complaint, 4 hrs later I was "suspended indefinitely" do I have a case for wrongful termination?

Wayne, NJ |

I was scheduled to work overtime that night as well as nights in the following 3 weeks. I was not allowed in the office building, was met in the parking lot by my boss. I gave my keys and took my tools out of the truck, I was told not to talk to anyone in the firm and was not allowed in the building.

Attorney Answers 5


  1. Generally speaking, it is illegal to terminate an employee for filing an OSHA complaint with the governmental agency itself, or with management. Additionally, one only has 30 days from the date of termination to file the retaliation complaint with OSHA. I advise you consult with an employment attorney (you can find many qualified employment attorneys via the FInd-a-Lawyer feature on this site) immediately seeing that this is a very time sensitive matter. Good luck.

    The information provided does not constitute legal advice and is presented without any representation or warranty whatsoever, including as to the accuracy or completeness of the information. Always contact an attorney when seeking legal advice. www.risman-law.com / www.TrueFightLaw.com


  2. The below response is for informational purposes only and is not meant to be legal advise regarding your specific situation.

    More facts are needed to evaluate your potential claim. In New Jersey, your whistleblowing activities are protected under the Conscientious Employee Protection Act (“CEPA”). Assuming you report to OSHA constitutes whistleblowing under CEPA, then it is unlawful for your employer to retaliate against you fro reporting any perceived unsafe work conditions to OSHA. If you believe that your employer violated CEPA then you have one year from the date of the retaliation to file your lawsuit.

    You need to speak with an employment attorney so that the facts of your case can be evaluated.

    Arykah A. Trabosh
    New Jersey Employment Attorney
    FREE CONSULTATION
    856.874.9090
    a.trabosh@schorrlaw.com

    You should consult an attorney for individual advice regarding your own situation. The use of this website for communications with Arykah A. Trabosh, Esquire, will not establish an attorney-client relationship.


  3. I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

    That being said, your employer appears to have violated both federal law (OSHA) and state law (NJ Whistleblower Act). You should speak with an employment attorney ASAP, as you have limited time to bring your claims.

    /Christopher E. Ezold/

    I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.


  4. Based on these facts, it would be worthwhile for you to hire an employment law attorney to write a letter to your employer and place them on notice of the fact that you are being suspended in violation of the Conscientious Employee Protection Act and that you demand that you be immediately reinstated to your position. Litigation is good and fine but it takes a long time and is not a sure thing. Immediate reinstatement with a promise not to retaliate may be a viable option for you. But you need to act swiftly and speak to a NJ employment law attorney geographically situated near you.
    Good luck.
    Fred Shahrooz-Scampato

    Law Office of Fred Shahrooz-Scampato, PC, (908) 301-9095. We are dedicated to representing employees in New Jersey administrative, state and federal courts. Answers by Fred Shahrooz Scampato, Esquire, of the Law Office of Fred Shahrooz Scampato, PC, provided in the Avvo website are for general information purposes only. The materials are current only as of the indicated date and must not be regarded as legal advice, solicitation or advertisement. The information provided on this site does not, nor is it intended to, constitute legal advice and is not provided in the course of an attorney-client relationship, nor are they intended as a substitute for obtaining specific legal advice from qualified legal counsel. Transmission of information from this site is not intended to create, and receipt shall not constitute, an attorney-client relationship. Any prior results that are described on our site do not guarantee a similar outcome. Online readers should not act upon this information without seeking professional advice regarding the particular facts and circumstances of each matter.


  5. The information you provide raises a red flag regarding your termination. You should consult an attorney to review all the facts at your earliest convenience.

    Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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