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The Law in Your Corner


Employer Retaliation After Blowing The Whistle On Unsafe Work Conditions

If you discover unsafe work practices in your workplace, especially if your workplace is failing to take adequate measures against a global pandemic, you have the right to raise awareness of these unsafe conditions and are protected under whistleblower laws. However, if your employer retaliates against you anyway, an employment attorney can help.

The OSHA Can Help

Ask an employment lawyer about how the OSHA can help. Not only does the OSHA regulate safety standards but they also enforce whistleblower protections. You will want to record the ways in which you are retaliated against and will then build a case for how the retaliation occurred after you blew the whistle.

Tell Your Lawyer About Your Day-to-Day Experiences

You might not even realize all the ways you are retaliated against. Employers will not usually be upfront about how they are retaliating but they may reduce your hours, cut your pay, or give you a sudden poor performance review. However, other methods of retaliation are more subtle.

Retaliation can occur in much more subtle ways. For example, you might be rejected when you request overtime. You might be turned over for a promotion. Your employer might refuse to inform you about opportunities that are available. You might also simply feel that the workforce you are in is more hostile.

How to Build a Strong Case

To build a strong case, you will want to show that there were violations that you were reporting. For example, your employer might have failed to provide you with the necessary protective equipment to limit your exposure to viruses. 

To successfully take legal action against your company for violating whistleblower protections, you must prove that you were engaged in a protected activity. Then, you must prove that you suffered an adverse employer action directed toward you. Finally, you must prove that there is a connection between both.

Typical Employer Defenses

The employer will likely argue that there is no relation between the adverse actions and your whistleblowing actions. Your employer might argue that the decisions were made before they found out that you were engaged in whistleblowing activities. They might also argue that you were not engaged in a protected activity.

Because it can be difficult to prove that you are being retaliated against, the best option is to have an employment lawyer interview witnesses and conduct research to gather evidence that proves that your whistleblowing related to the unsafe work conditions lead to you being retaliated against.

For more information, contact an employment lawyer.

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