What remedies is an employee potentially entitled to if retaliated against by an employer for exercising...

What remedies is an employee potentially entitled to if retaliated against by an employer for exercising his or her OSHA rights?

Expert Solution

If an employee becomes a whistle-blower by exercising his or her right to OSHA, the OSHA act prevents employers from retaliating against their employees. This means that the employee is protected from being:

Fired
Blacklisted
Demoted
Denied promotion
Discipline
Intimidated
Threatened
Denied salary

The employee can file a complaint accusing the employer of retaliation if the employer has punished him or her for exercising OSHA. The complaint must be filed within 30 calendar days of the retaliatory decision. Following the complaint, OSHA will contact the complainant and conduct an interview to decide if an investigation is required.

If the evidence leans in favour of the employee, OSHA will strictly instruct the employer to restore the worker’s job, earnings and benefits with dignity. If the employer fails to follow the instruction, he or she will be dragged to court and the complainant will be represented by a Department of Labour attorney for assistance.

keosha answered 6 months ago

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