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How to File a Whistleblower Retaliation Complaint
USDepartmentofLabor
Overview
This video explains the process of filing a whistleblower retaliation complaint with OSHA. It covers when to file, how to file, what information is needed, and what to expect after filing. Key points include the importance of deadlines, the fact that complaints cannot be anonymous, and that legal representation is not required. The video also clarifies that whistleblower protections extend beyond safety issues and outlines the potential outcomes of an investigation.
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Chapters
- File a complaint when an employer takes an adverse action (e.g., firing, demotion) because they knew or suspected you engaged in legally protected activity.
- Be aware that strict deadlines apply, often as short as 30 days from the date of the adverse action.
- Protected activities include reporting safety concerns, but also many other issues covered by various statutes.
Understanding the trigger for a complaint and adhering to strict deadlines is crucial for ensuring your rights are protected and your complaint is considered.
If your employer fires you after you reported a serious safety hazard to your supervisor, this could be grounds for a whistleblower complaint.
- Complaints can be filed online at whistleblowers.gov, by phone, or by writing to OSHA.
- Complaints cannot be filed anonymously; your contact information (name, address, phone, email) is required.
- You must provide the employer's name and a description of the adverse action, including when it occurred.
- While not required, you can have a lawyer or union representative assist you.
Knowing the filing methods and required information ensures a smooth process and prevents delays or dismissal of your complaint.
To file, you'll need to provide your name, address, phone number, the name of the company you work for, and details about the retaliatory action taken against you.
- Whistleblower protections are not limited to safety and health issues.
- OSHA enforces over 20 different whistleblower statutes covering a wide range of workplace concerns.
- You can file both a safety complaint and a whistleblower complaint if retaliation occurred after raising a safety issue.
Recognizing the broad scope of protections helps employees understand their rights and encourages reporting of various workplace violations beyond just safety concerns.
If you report financial fraud within your company and are subsequently demoted, this falls under whistleblower protection, even though it's not a safety issue.
- After filing, an investigator will review your complaint and contact you for more information, either by phone or mail.
- OSHA investigators act as neutral fact-finders.
- Possible outcomes include the Secretary ordering or denying relief, the case being sent to federal court for litigation, or the case being sent to the national office for review if dismissed.
Understanding the investigation steps and potential outcomes helps manage expectations and clarifies the path forward after filing a complaint.
Following your complaint, an investigator might call you to gather detailed facts about the adverse action and the protected activity you engaged in.
Key takeaways
- Retaliation for reporting violations or engaging in protected activities is illegal.
- Strict deadlines exist for filing whistleblower complaints, so act promptly.
- While you don't need a lawyer to file, you can seek legal representation.
- Whistleblower protections cover a wide array of issues, not just workplace safety.
- Complaints must include your personal contact information and cannot be filed anonymously.
- OSHA acts as a neutral investigator to determine the facts of your case.
- Filing a complaint initiates a formal process with several potential resolutions.
Key terms
Whistleblower complaintAdverse actionProtected activityRetaliationOSHAWhistleblowers.govInvestigatorSecretary's findings
Test your understanding
- What constitutes an 'adverse action' that might trigger a whistleblower complaint?
- Why is it important to be aware of the filing deadlines for whistleblower complaints?
- How can an employee file a whistleblower retaliation complaint?
- What types of issues are covered by OSHA's whistleblower statutes?
- What are the possible outcomes of an OSHA whistleblower investigation?