Legal Question in Employment Law in California
What can I do to make OSHA investigate my 11(c) whistle blower complaint (filed online within the 30-day-required time period) against a high-rise building-management company, named as a joint employer, for terminating my job at their site after I complained to the director of the [s]aid building-management company about on-site health violations and wage theft given that 29 U.S.C. �660(c) mandates: �No person shall discharge or in any manner discriminate against any employee because such employee has filed [a]ny complaint . . .?"
2 Answers from Attorneys
You can't. OSHA doesn't enforce that. They only enforce the safety regulations. If you were discharged for whistle-blowing, that is a private right of action that you must pursue yourself or through an attorney of your choosing.
You can't force OSHA to investigate. What you describe is most likely not the type of claim that they would investigate. Plus, unless there is some injury, death or accident, or the employer has a history of safety violations and complaints, the investigation will usually be nothing more than a letter asking for an explanation. Most OSHA investigations end there. As bad as OSHA can be, OSHA knows that a lot of the complaints they get come from bitter employees/ex-employees and that they are often exaggerated and brought solely as some sort of misplaced attempt at revenge.
If you were terminated wrongfully or in retaliation, you should contact a local employment attorney for a consultation.
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