How to file a whistleblower complaint

In general, employers are legally granted protection from workplace retaliation, meaning that an employer cannot take adverse action against workers for a number of reasons, including: firing or laying off, blacklisting, demoting, denial of benefits, making threats or reducing pay or hours.

Since 1989, the Whistleblower Protection Act has protected federal whistleblowers who report government agency misconduct. If an agency takes, or threatens to take, retaliatory action against an employer, they have violated the Whistleblower Protection Act. If you believe that your employer has violated the act, you have the right to speak with a qui tam attorney who can help you file a complaint against your employer.

You must file your complaint with the Occupational Safety and Health Administration up to 30 days after the reprisal. Under the OSH Act, employees may file complaints with both the state and federal OSHA. Complaints filed under any other whistleblower statute must be filed directly with the Federal OSHA.

You can file your whistleblower complaint online, by fax/mail, or by telephone. The online Whistleblower Complaint Form will forward your complaint to appropriate state plan if it was submitted in a state with an OSHA-approved plan.

OSHA will conduct an interview with each complainant in order to determine the need for an investigation, and they will ask for the employee’s work and/or benefits to be restored should the evidence support the claim of discrimination.

For more information, or to determine how to market your services in employment law, please contact Paul Herrmann at paul@pherrmannlaw.com or at 410-703-4993.

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