[OH] [OH] Can I be fired for reporting safety concerns?
I was recently fired from a job for leaving a negative review of my company on their page. The reason behind the review was because I’ve had multiple meetings — 3 or more — with the owner and the GM of the company about another employee’s safety and driving while I was in the truck with him.
I told them very seriously, multiple times, that I did not want to ride with him anymore and that he was a safety risk to my life. He did something so bad that I felt the need to write the review because I felt unsafe at work and unable to talk to my bosses anymore about it.
Am I able to sue for wrongful termination or unsafe working environment or anything?
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Solved
The short answer? The law doesn’t prohibit termination for leaving a negative review; however, if you made a complaint about safety, you cannot be retaliated against because of that.
Here’s the long answer:
OSHA standards place a general duty on all employers to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. Section 11(c) of the Occupational Safety and Health Act of 1970 (OSH Act) prohibits employers from retaliating against employees for exercising rights guaranteed under the OSH Act, such as filing a safety or health complaint, raising a concern with their employer, participating in an OSHA inspection, or reporting a work-related injury or illness.
An employee who believes they’ve been retaliated against in violation of Section 11(c) may file a complaint with OSHA within 30 days of the unfavorable employment action.
To file a complaint electronically, visit:
www.whistleblowers.gov
Or contact OSHA by phone at 1-800-321-OSHA (6742) to be connected to the nearest office.
You can also visit:
www.osha.gov
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Full Conversation
I was recently fired from a job for leaving a negative review of my company on their page. The reason behind the review was because I’ve had multiple meetings — 3 or more — with the owner and the GM of the company about another employee’s safety and driving while I was in the truck with him.
I told them very seriously, multiple times, that I did not want to ride with him anymore and that he was a safety risk to my life. He did something so bad that I felt the need to write the review because I felt unsafe at work and unable to talk to my bosses anymore about it.
Am I able to sue for wrongful termination or unsafe working environment or anything?
Lexi, Chatbot
I’m sorry to hear about your experience. Were there any written policies or procedures in place at your company regarding leaving reviews on their page?
No
Lexi, Chatbot
Did you document the safety concerns you raised with the owner and GM of the company about the other employee’s behavior?
Yes, multiple times
Lexi, Chatbot
Is there anything else the employment lawyer should know before I connect you? Rest assured, they’ll be able to help with your wrongful termination.
No
Legal Eagle
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation! In what state did this occur?
Ohio
Legal Eagle
Ok, thanks! Just a few more questions. Did you follow the proper internal channels to report the safety concerns before posting the review?
Yes, I had 3 or more private meetings with the owner and the GM of the company and was told in my last meeting to “deal with it.”
Legal Eagle
Understood! So you’re just wondering what your rights are here, correct?
I was wondering if I have a valid case to sue them.
Legal Eagle
Ok! Did you need to tell me anything else? If not, I can start with answering your question.
Because I was fired and lost my income over the review complaining about unsafe driving.
Legal Eagle
Ok! I just need a little time to draft up a high-quality answer. I’ll be with you as soon as possible. It won’t be terribly long, ok?
Okay
Legal Eagle
I’m so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask — this law stuff can get complicated.
Legal Eagle
The short answer? The law doesn’t prohibit termination for leaving a negative review; however, if you made a complaint about safety, you cannot be retaliated against because of that.
Here’s the long answer:
OSHA standards place a general duty on all employers to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. Section 11(c) of the Occupational Safety and Health Act of 1970 (OSH Act) prohibits employers from retaliating against employees for exercising rights guaranteed under the OSH Act, such as filing a safety or health complaint, raising a concern with their employer, participating in an OSHA inspection, or reporting a work-related injury or illness.
An employee who believes they’ve been retaliated against in violation of Section 11(c) may file a complaint with OSHA within 30 days of the unfavorable employment action.
To file a complaint electronically, visit:
www.whistleblowers.gov
Or contact OSHA by phone at 1-800-321-OSHA (6742) to be connected to the nearest office.
You can also visit:
www.osha.gov
I also have a copy of the employee handbook and it has nothing specifically stating that leaving a negative review is against any rules or code.
I want to make sure I have all the rights and everything before I do anything drastic.
Legal Eagle
I hear you! Filing an OSHA complaint isn’t drastic at all — it’s less drastic than being fired.
To me, you have a cause of action here, and it’s just a matter of filing that whistleblower complaint if you want relief. Whatever the policy says is not legally relevant here because federal law prohibits them from retaliating against you for reporting safety concerns.
I know it’s a lot, but does that help make sense of things a bit more? I want to make sure I didn’t leave anything out.
Legal Eagle
Did you have any other details or concerns you still needed addressed?
Legal Eagle
I haven’t heard from you in a while, but that’s ok! I hope I’ve provided the information you were seeking.
Legal Eagle
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