Whistleblower Claims

The Occupational Safety and Health Act (OSHA) is designed to regulate employment conditions relating to occupational safety and health and to achieve safer and more healthful workplaces throughout the nation. The Act recognizes that effective implementation and achievement of its goals depend in large measure upon the active and orderly participation of employees, individually and through their representatives.

To help ensure that employees are, in fact, free to participate in safety and health activities, Section 11(c) of the Act prohibits any person from discharging or in any manner retaliating against any employee because the employee has exercised rights under the Act.

These rights include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection, and participating or testifying in any proceeding related to an OSHA inspection.

OSHA also administers the whistle blowing provisions of sixteen other statutes, protecting employees who report violations of various trucking, airline, nuclear power, pipeline, environmental, rail, consumer product and securities laws.

A person filing a complaint of discrimination or retaliation will be required to show that he or she engaged in protected activity, the employer knew about that activity, the employer subjected him or her to an adverse employment action, and the protected activity contributed to the adverse action.

How We Help

Adverse employment action is generally defined as a material change in the terms or conditions of employment. Depending upon the circumstances of the case, “discrimination” can include:

  • Firing or laying off
  • Blacklisting
  • Demoting
  • Denying overtime or promotion
  • Disciplining
  • Denial of benefits
  • Failure to hire or rehire
  • Intimidation
  • Reducing pay or hours

The 17 statutes enforced by OSHA and the regulations governing their administration are listed below. Click on any statute to see the whistleblower provisions:

Regulations

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Peer Recognition & Associations
Martindale Hubbell Peer Review Rated For Ethical Standards and Legal Ability. Martindale Hubbell Peer Review Rated For Ethical Standards and Legal Ability. Super Lawyers National Employment Lawyers Association National Employment Lawyers Association

Attorney Joel T. “Ty” Gomez received an Avvo Rating of 10.0 in 2016; has been rated “AV Preeminent®” by Martindale-Hubbell® from 2005 through 2016 (a SM of Reed Elsevier Properties Inc.); has been selected to Super Lawyers from 2010 through 2016 (Super Lawyers® is part of Thomson Reuters) and was named as one of D Magazine's Best Lawyers in Dallas (Employment Law) in 2016.

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