COVID-19: Can My Boss Fire Me If I File a Safety & Health Complaint?

COVID-19: Can My Boss Fire Me If I File a Safety & Health Complaint?
Jun 02, 2021

Although COVID-19 cases are decreasing, they are still an ever-present issue in our place of employment. Employers are still required to follow strict health and safety guidelines to protect workers and customers alike. If your employer fails to follow safety and health guidelines and you want to file a complaint, you might be wondering if it can lead to termination.

Our Los Angeles employment law attorneys explain employees’ rights after filing a COVID-19 related complaint.

Am I Protected If I File a COVID-19 Related Complaint?

If you refused to work because of an unsafe working condition, Labor Code section 6310 protects employees from retaliation or wrongful termination. Therefore, if you file a complaint or make an internal report about your employer’s failure to follow CDC COVID-19 related guidelines, California employment laws protect you.

California employees are protected from retaliation if:

  1. The employee makes a good-faith report or complaint of a violation of Cal-OSHA regulations (California’s health and safety laws affecting the workplace)
  2. And; the report or complaint was made to:
    1. Cal-OSHA; or
    2. Other governmental agencies with responsibility over health and safety issues; or
    3. Their employer; or
    4. Their workplace representative

If you experience retaliation for making a report or complaint of violations of Cal-OSHA regulations, you have the right to file a claim and seek compensation.

California Employment Laws

California employment laws state that “no person shall discriminate against any employee because the employee has filed an Occupational Safety and Health Administration (OSHA) complaint.” For example, an employer cannot do any of the following because of your whistleblowing case:

  • Fire you
  • Demote you
  • Transfer your position
  • Lay you off
  • Reduce your pay or work hours
  • Change your schedule to a less-favorable one
  • Deny you the ability to work overtime
  • Deny you a promotion
  • Discipline you
  • Deny you benefits such as sick leave or vacation time

What Should I Do If My Employer Fired Me?

If you made a report or complaint of violations of Cal-OSHA regulations and your employer retaliated against you, you are entitled to file a claim against your employer. Our team at Hennig Kramer Ruiz & Singh, LLP has helped employees across Southern California get the compensation they deserve after receiving unfair treatment at their place of employment. Let our team guide you through the process from beginning to end.

Contact our Los Angeles employment law attorneys today at(213) 310-8301 to schedule a case review!

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