If you were to witness the company you work for engage in illegal activities, what would you do? Would you report the company to authorities due to violation of federal laws? Or would you be worried about the potential repercussions such an action might bring, such as being fired by the company for reporting them? While many employees might be scared of reporting their employer, they can take comfort in knowing that whistleblowers are protected under law.
First, it’s important to define exactly what a whistleblower is. A whistleblower is any individual who reports illegal or unethical actions undertaken by a company. It’s possible that the actions in question were a standard part of company procedure, making it difficult to judge whether the actions are wrong at all.
Large corporations often have internal procedures that handle such complaints, but in situations where the misconduct has permeated throughout the company, internal procedures might not be a viable option. In such cases it’s likely a better idea to contact an employment lawyer.
The Occupational Health and Safety Administration (OSHA) enforce the whistleblower sections of 21 statutes, including the Occupational Health and Safety Act, which states, in part:
(1) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint…
(2) Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of this subsection may, within thirty days after such violation occurs, file a complaint with the Secretary alleging such discrimination…
These statutes cover a wide range of industries and serve to protect employees from termination or discrimination from their employers as long as the employee is within the limit of the law.
In cases where a whistleblowing employee feels they’ve been mistreated, they can report the incident to OSHA, although the complaint must be filed within the appropriate time frame provided by the statue. The time frame varies between statutes, but ranges from 30 days to 180 days. To be safe, it’s best to file the complaint as soon as possible.
If you live in Los Angeles and need counseling or guidance as to the appropriate steps to take, an employment lawyer in Los Angeles can help you decide how to pursue your claims. Whether you need help in determining the appropriate channels to report misconduct, or you’ve been retaliated against for whistleblowing, a lawyer can be of great value. Diefer Law Group has a team of employment lawyers in Los Angeles that can assist you in making such decisions and even help you in receiving appropriate compensation in cases of retaliation.