You can make a whistleblower complaint by reporting your situation to the Occupational Safety and Health Administration (OSHA) online, over the phone, in person, or over email, fax, or through the mail.
You can file a whistleblower complaint if you have reason to think that your employer retaliated against you because you exercised your rights. A Boston whistleblower protection lawyer can explain each step of this process for your specific situation.
Who Can File a Whistleblower Complaint?
Anyone can file a whistleblower complaint through the Occupational Safety and Health Administration: Whistleblower Protection Program if they have a reason to think that their employer retaliated against them for exercising their rights.
OSHA enforces the rights promised by whistleblower protection laws in the U.S.
Do You Make a Whistleblower Complaint on the State or Federal Level?
You may need to make a whistleblower complaint at the state or federal level based on the specific laws in your area. Some states have OSHA-approved State Plans, which can vary the regulations you face.
For example, Massachusetts has an OSHA-approved State Plan that only provides coverage to local and state government workers. These workers need to file whistleblower complaints through the state system, while all private sector employees must file through federal OSHA.
You can learn more about Massachusetts whistleblower laws and protections with a team of legal professionals. A lawyer can also explain how to make a whistleblower complaint.
For a free legal consultation, call (860) 999-9394
How Do You Make a Whistleblower Complaint?
You have several options available to make a whistleblower complaint. You may file your complaint:
- Online through OSHA’s online whistleblower complaint form
- Through email, the mail, or a fax
- Over the phone
- In person at an OSHA Area or Regional Office
You can file a complaint in any language. OSHA can provide an interpreter if necessary. When you make your complaint, you may need to provide information, including your:
- Name
- Mailing and email addresses
- Telephone number
You can learn more about how to make a whistleblower complaint with a team of legal professionals.
What Are the Elements of a Whistleblower Complaint?
All whistleblower complaints should include four elements. Your complaint should show that:
- You partook in an activity that gets protection through whistleblower protection laws
- Your employer knew or suspected that you participated in this activity
- Your employer subsequently acted against you
- Your protected actions caused or contributed to your employer’s actions
You can go over all of these elements with a professional law firm.
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What Information Should You Provide to Make a Whistleblower Complaint?
You need to provide basic information about what happened to prompt your whistleblower complaint when making a report. Depending on your situation, you may include:
- Copies of emails, texts, letters, and phone messages relevant to your complaint
- Meeting notes, activity logs, or work orders that relate to your complaint
- A copy of your hiring or termination letters
- Details about any subsequent complaints involving your employer
- Copies of your collective bargaining agreement or employee handbook
- Information about disciplinary actions instituted against you
- Your current job description
- Your last five pay stubs
- Documentation of any EEOC lawsuits or complaints
- Information about any workers’ comp or unemployment issues related to your complaint
You may also want to include contact information for:
- All eyewitnesses that can back up your story
- Members of management who represent the root of your complaint
- Related human resources, clerical, and secretarial personnel
Any of this information may strengthen your complaint.
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How Long Do You Have to Make a Whistleblower Complaint?
OSHA works with over 20 statutes dealing with whistleblower complaints. These complaints have different time limits. In some cases, you’ll only have 30 days to file a claim from the date of the adverse action you faced.
However, some people have up to 180 days to file their complaint. It’s essential that you get information about the specific deadlines in your case by reaching out to a law firm that can answer all your questions.
If you miss your deadline, you may lose your chance to file a whistleblower complaint against your employer.
What Happens After You File a Whistleblower Complaint?
Once you file your whistleblower complaint with OSHA, the organization will carry out interviews and decide if the situation requires further investigation. If OSHA decides to investigate further, it will collect more evidence and speak with witnesses.
OSHA may take action against an employer based on the results of this investigation. For example, OSHA may order your employer to restore your benefits, earnings, and job. It may also grant other forms of relief.
Talk to Us About Your Whistleblower Complaint
Wondering how to make a whistleblower complaint? Our team at Duddy, Goodwin & Pollard can walk you through this process and support you after you experience unfair treatment at the hands of your employer.
You can learn more about us by calling or filling out our online contact form to discuss your next steps.
Call or text (860) 999-9394 or complete a Free Case Evaluation form