whistleblower harassment

[docaudio]

What is the name of your state?wv
I have been working for my company for about 5 years without any problems,(no write-ups).I did quit for 8 months 2 years ago. I was transfered to work under a different general foreman janurary of this year. This foreman told me to work in an unsafe enviroment or go home. So i reported the unsafe enviroment to OSHA. The GF found this out (dont know how) and told me that he will make me quit or fire me.i reported this to the whistleblower (osha) telling them the GF has been writng me up on fake (made) up allegations.. osha called my company and told them to stop the harassment on a friday. Monday when i went back to work i was told in front of workers i would no longer be driving(my job status),was taken for a random drug & alcohol test, then written up on more false charges. Osha told me that they could do nothing further till i was terminated, that the only other option I have is to contact a lawyer. I did not sign the first false write up, i did sign the second because I was told by my GF,." either it or I will and you can go home" I have a witness who was sitting beside me.The GF told my foreman to fire me for any reason he can think of. Do you think I have a case? how would I go about finding a lawyer that handles this kind of situation?

 

[Beth3]

Do you think I have a case? It appears so.

how would I go about finding a lawyer that handles this kind of situation? Contact your local or State Bar Association and ask for referrals to attorneys in your area that handle this kind of claim.

 

[boonehead]

Why does he have a case Beth? Your employer can fire you for wearing green on tuesday if he wants according to you

 

[cbg]

An employer can fire you for wearing green on Tuesday if he wants to.

However, he cannot fire you for reporting unsafe conditions to OSHA or illegal activity to the appropriate outside agency.

In 49 out of 50 states, and to some degree even in the 50th state (Montana), employment is at will. The employee can quit at any time and for any reason; the employer can fire him at any time and for any reason THAT DOES NOT VIOLATE THE LAW. Firing an employee for reporting unsafe activity to OSHA violates the law. Firing an employee for wearing green on Tuesday does not.

 

[boonehead]

I don't think the employeer would say he fired him for reporting, but for wearing green on tuesday. therefore making it legal. it would then be up to the employee to prove differently. or once you do report an employer you then become a protected class? therefore you would be able to wear perfume with impunity?

 

[boonehead]

Now in all seriousness
Monday when i went back to work i was told in front of workers i would no longer be driving(my job status),was taken for a random drug & alcohol test
Do they have proof you failed this test?
How large of a company do you work for? And do they have a higher representitive to solve greivances? When you are written up do they have documentation to prove you were in violation of company policy? or is your signature the only proof a violation has occured? Do you belong to a union?

 

[docaudio]

I have not been fired, yet.

wv, I have not been fired, just written up (twiced) once for writing on my pretrip sheet (for truck driving) that the vehicle stickers has expired(which they still are). and then once for " they could not find me on the job". That is why OSHA cannot go any further with the situation other then call and tell them to stop the harassment, which they continue to do by changing my work load, forcing me to work extra days, work in unsafe conditions, threatening to fire me.I did not fail the drug test.They have no proof of the write-ups (they are lies)other then my signature. Thank you for your help, I will contact My local or State Bar Association for more information.

 

[boonehead]

Do you get a copy of your write ups? you should not have to go out of pocket to fight for fair treatment, take any documenation, and state your case to the secretary of labor, that is his job to make sure you are not discrimanated against for reporting work conditions.

 

[boonehead]

You are required to report any harassment within 30 days


West Virginia
Division of Labor
State Capitol Complex
Bldg 6, Rm B749
Charleston, WV 25305
Commissioner
James R. Lewis
Phone
(304) 558-7890
Fax
(304) 558-3797

The more documentation you have the better your chances will be if it becomes a legal fight.

 

[6339]

Retaliation

Sounds like retaliation. Suggest going to Federal EEOC.

 

[moselle2005]

CA

Has OSHA come out to inspect the unsafe conditions? The company,if in violation can receive heavy fines and or be shut down. The previous responses to your predictament are good.

That is not a good place to work at in my opinion.

 

[docaudio]

Osha reply

Osha notified my company that they received a report. They told my company that they had a week to check out the violations and repair as needed and report bck to them. My company repaired the violations that week.They reported back to osha saying they checked out the allegations and there were no problems and never have been. Osha sent me a copy of both letters.
When osha contacted my company and asked them to stop the harassment. My company told osha that I was upset because I was in line for a promotion and did not get it so i'm making up stories against them.
There is members on my crew that have been working 3 years longer then me and higher in rank.Would'nt that justify that I was not the next in line for a promotion?

Thanks for the number, i will call them today.

 

[tkaad]

Problems with OSHA

I filed an OSHA complaint against my employer, after I had repeatedly explained most of the safety violations to management. After OSHA performed their inspections and found numerous serious violations and repeat violations I was notified by the manager and told that due to the economy I was no longer needed and laid off, funny but I was the only one laid off from this company. I contacted OSHA to let them know about their possible retaliation for the OSHA complaints. I was assigned an OSHA investigator and after four months and several phone calls back and forth, I was told that this may take from a year and a half to possibly three years to resolve my case. Oh yes, he told me to hang tight and try to tough it out. My advice to other prospective whistleblowers is just to let it go!!! The government is not out to protect the employees this is a regulatory agency with no teeth. Beware!!!

 

[mlane58]

Start your own thread, this post is over 5 years old and I am quite sure the OP has resloved their issue.