Found an issue on this page? Let us know and we will look into it as soon as possible.
Whistleblower protection or retaliation?
Anonymous7 views3 answers
On 12/7/14, I was having an allergic reaction while at work. My supervisor refused to provide help. I asked her if someone could take me to the hospital and she told me to contact the manager. I tried to call manager he didn't answer. Finally he showed up n had me fill out incident report and workers comp paper n workers comp RX paperwork to give to pharmacist if the dr prescribes me any medication leaving me to believe that he called medical personnel. After filling everything out he told me that he cant take me to the hospital n never called medical personnel. I drove to hospital myself. when I arrived went into anaphylactic shock. I called corp n ask them to investigate concerns about my safety at work n made them aware that I was calling OSHA. Filed OSHA on 18th n was fired on 18th
This could be a text book Whistle Blower case. Not only are there Federal protections, but State actions as well. Below is a good synopsis of Federal Whistleblower actions for OSHA related adverse actions.
https://www.osha.gov/OshDoc/data_General_Facts/...
As always give me a call if you would like to discuss further.
You may have a classic whistleblower case. More facts are needed. The purpose of the statute is to protect an employee from retaliation or an adverse employment action if he or she reports or tells their employer they will report a possible violation to a public agency. A key issue that always comes up in these type of cases is causation. Where you actually fired for the reporting or something else? Be also mindful that you only have 90 days to pursue an action under the whistleblower statute. So you have a very short window to pursue such a claim. Hope this helps.
Douglas Adam MilchEmployment / Labor AttorneyNew York, NY ·
The advice received above is very good. Causation is the issue. We will need some more information as to the precise reason for the termination and whether you can tie this into your whistleblower activity. contact a good local employment lawyer to discuss the best way to proceed
