How to File an Employment or Labor Whistleblower Complaint

Like most similar programs, the DOL and OSHA Whistleblower Protection Program set very specific procedures for filing a whistleblower complaint.  If these procedures are not followed, your complaint can be dismissed.  The Whistleblower Protection Lawyers at Gilman Law LLP can take the appropriate steps needed to keep your identity confidential, ensure your complaint is filed properly to prevent dismissal, and assist with the red tape that is traditionally associated with filing whistleblower claims in these areas.

The OSH Act gives employees only 30 days to file a whistleblower complaint. However, some of the other whistleblower laws administered by the DOL and OSHA have different complaint-filing deadlines.  Before you proceed with your complaint, it is important that you verify these deadlines.   The employment and whistleblower lawyers at Gilman Law LLP can ensure that your complaint is filed with OSHA in a timely manner.

A complaint of retaliation filed with OSHA must allege that the whistleblower engaged in protected activity, the respondent knew about that activity, the respondent subjected the complainant to an adverse action, and the protected activity motivated or contributed to the adverse action.  Depending upon the Act which has been allegedly violated, there are specific regulations and guidelines that must be followed in order for OSHA to provide protection to a covered employee.

If the agency’s investigation proves the whistleblower’s allegation to be true, then OSHA will attempt to negotiate a settlement between the parties. Such settlement may include ordering the employer to repay lost wages, reinstate or rehire the employee, provide the employee with reimbursement for related expenses, and other remunerations as OSHA sees fit. If no settlement can be reached, the case will be referred to the Office of the Solicitor for consideration of a civil law suit.

Deadlines for Filing

Any employee who believes that he or she has been discriminated or retaliated against in violation of any whistleblower statute administered by OSHA must file a complaint within the deadline established by the particular statute.

Complaints must be filed within 30 days after the occurrence of the alleged violation under the:

  • OSH Act
  • Clean Air Act
  • Comprehensive Environmental Response, Compensation, and Liability Act of 1980
  • Solid Waste Disposal Act
  • Federal Water Pollution Control Act
  • Safe Drinking Water Act
  • Toxic Substances Control Act

Within 60 days under:

  • International Safe Container Act

Within 90 days under:

  • Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
  • Sarbanes-Oxley Act
  • Asbestos Hazards Emergency Response Act

Within 180 days under:

  • Surface Transportation Assistance Act
  • Energy Reorganization Act
  • Pipeline Safety Improvement Act
  • Federal Rail Safety Act
  • National Transit System Security Act
  • Consumer Product Safety Improvement Act

Legal Help for Employment and Labor Whistleblowers

The Employment and Labor Whistleblower Program at Gilman Law LLP has assisted workers in multiple industries who have been victims of retaliation for reporting violations of labor laws and workplace safety regulations. If you were retaliated against for blowing the whistle, Gilman Law LLP can see to it that your rights are protected.  For a free and confidential evaluation with our Employment and Whistleblower Program, please fill out our online form or call Toll Free at 1-888-252-0048.

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Awards & Recognition

The attorneys at Gilman Law LLP have been recognized by numerous leading legal publications and are listed in the following:

Gilman Law LLP Whistleblower Law Firm Awards and Recognitions