I Was Fired for Complaining About a Lack of Safety Precautions at Work. What Are My Rights?

It is illegal under state and federal law for your employer to retaliate against you for complaining about or reporting unsafe working conditions, such as a lack of necessary personal protective equipment or failure to implement social distancing protocols. If your employer has terminated you or otherwise retaliated against you for raising COVID-related safety concerns, you may be entitled to legal remedies.

The federal Occupational Safety and Health Act prohibits employers from retaliating against employees for:

·       filing a safety or health complaint with the Occupational Safety and Health Administration (“OSHA”),

·       raising a health or safety concern with their employers,

·       participating in an OSHA inspection, or

·       reporting a work-related injury or illness.

Under the OSH Act, you can file a complaint with OSHA but you cannot file a lawsuit in court to enforce your rights.

New York state law also prohibits employers from retaliating against an employee for disclosing or threatening to disclose a violation of any law, rule, or regulation that creates “a substantial and specific danger to the public health or safety.” Unlike the federal OSH Act, you can bring a lawsuit in court to enforce your rights under the New York state law.

If you feel your rights have been violated, contact us to speak to an experienced attorney.