Can I Be Fired for Reporting Unsafe Work Conditions?
Employees across Maryland and the U.S. have certain rights that protect them from unlawful or unfair treatment by employers. One such protection is against wrongful termination.
Generally speaking, or unless there are terms in an employment contract that dictate otherwise, a person can be fired without cause and without any sort of warning. However, there are certain exceptions to this rule that protects a person from being fired for unlawful reasons, which could include reporting unsafe work conditions.
Employees should be able to expect that their employer is in compliance with state and federal workplace safety regulations. It is reasonable for them to assume that appropriate measures have been taken to prevent accidents, keep workers safe and fix conditions that could put a worker's physical or mental health in danger.
Unfortunately, this doesn't always happen and hazardous conditions are allowed to persist in workplaces across the country. In the event that a worker identifies a dangerous environment, he or she has the right to file a complaint first with an employer and then with the Occupational Safety and Health Administration if the employer fails to act.
Filing a report with OSHA should prompt an investigation by the agency. If any unsafe conditions are identified, the employer can be penalized, fined and required to address the hazard.
Some employers consider the act of reporting a violation to OSHA to be a punishable offense and decide to fire an employee for doing it. It is important to know that, under the Occupational Safety and Health Act, employees are protected from this retaliation.
However, there are several details regarding how a hazard is reported, when it is reported and by whom that can impact whether an employee has grounds to file a wrongful termination claim if he or she was fired for reporting OSHA violations.
Any person who has reason to believe a termination was retaliatory based on the filing of a complaint with OSHA should understand they may have the option to file a legal complaint and seek compensation. Discussing these options with an attorney can be crucial.