Your right to file a whistleblower retaliation claim

On Behalf of | Sep 19, 2019 | retaliation | 0 comments

You knew it was the right thing to do, reporting your Texas employer for an illegal activity. However, since then, your work life has been difficult, to say the least. At the Law Offices of Kell A. Simon, we recognize the issues that employees may face in whistleblower retaliation situations, and we often provide advice on how to receive the protection the law provides to whistleblowers.

According to the Occupational Safety and Health Administration, the following activities may constitute retaliation against a whistleblower:

  • Termination or demotion
  • Loss of overtime
  • Denial of promotion
  • Discipline
  • Intimidation or harassment
  • Denial of benefits

Your employer may also be guilty of retaliation if you receive a pay reduction, your supervisor does not let you participate in training that would allow you to advance in your career, or you receive a job reassignment that puts you in a less desirable position. Your employer may also make things at your job so uncomfortable that you feel it may be better to just quit (constructive discharge).

You have the right to report any or all of these actions to OSHA. If you do, an agent will investigate your claim. Any evidence you can provide may further your claim, including the following:

  • Copies of communications such as emails, texts, meeting notes, letters, memos or other legally gathered documents that relate to your claim (including termination letters)
  • Names and phone numbers of witnesses, as well as a summary of what you think these witnesses may know about your claim
  • Names, contact information and job titles of the people who made the retaliatory decision against you
  • Your current job description and a copy of the last five pay stubs you received
  • A copy of any documents between you and your employer regarding other proceedings (such as those relevant to your original whistleblowing complaint)
  • A copy of the employee handbook

More information about whistleblower retaliation claims is available on our webpage.