I field a complaint with the labor commissioner because I feel I was illegally retaliated against for reporting some workplace safety issues. I have made these complaints in writing via email. My boss is choosing to ignore me and stonewall me; I have been complaining about this for a few months. Does their failure to acknowledge my concerns make retaliation easier to prove ? And could this be retaliation in itself !
How have you been harmed so far? Were you terminated from employment there? Have you contacted OSAH about the unsafe working conditions? Before you are harmed you should speak with a local employment law attorney to find out how you should move forward and escalate the issues you are having. See 1102.5 of the California Labor Code regarding whistleblower laws.
Legal Disclaimer: Ryan C. Wood practices law in California only. Any answers to questions are not intended to be legal advice or create an attorney-client relationship. Always consult an attorney in your jurisdiction about your particular circumstances.
Retaliatory conduct is usually in the form of an adverse employment action against you, such as demotion, cut in pay, cut in hours, termination, etc. Simply ignoring your concerns is not retaliatory conduct in the legal sense, unless of course, you are subject to injury as a result of the unsafe working conditions. If indeed, your workplace is unsafe, please contact OSHA immediately. Good luck to you!
Lesly J. Adams has been licensed to practice law in California since 2010. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.
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