Legal Question in Employment Law in California
Whistleblower Hazardous Chemicals
A member of the public obtained information from our company�s MSDS Sheets. They then took this information listing the types of chemicals used in our concrete to a local city council meeting. Now the city and the public have many new concerns about the safety of all the chemicals used in concrete. The day after the meeting while I was at work my boss pulled me aside and asked me if I had leaked the information. He said he thought it was me because another employee had told him that I had asked about the safety of the chemicals after three of our co-workers recently died of liver cancer. I replied � whatever someone wants to do at a council meeting is their business� and that � chemicals used in concrete is common knowledge for anyone in the business�. My boss then told me if he finds out it was me that I would be fired. Basically if my employer wants to get rid of me they just start the paper trail which is easy, and it�s almost impossible to prove what I was fired for. It doesn�t seem like there�s much I can to except wait and see what happens. Should I contact OSHA AND NIOSH? How can the services of an attorney help me before termination?
2 Answers from Attorneys
Re: Whistleblower Hazardous Chemicals
In making your complaint to OSHA, keep in mind tht the time frame for filing such a complaint is very short - 30 days from the date of the adverse employment action. You will need to file the complaint with the OSHA's administrative offices here in California. If your complaint is rejected, you have a very short time frame in which to appeal that decision to the Department of Labor - 5 days.
Re: Whistleblower Hazardous Chemicals
If you are terminated, the issue will be whether you can establish that the "whistleblowing" led to your termination. Under the circumstances, this may be difficult, as the information disclosed at the city council meeting was, as you said, "common knowledge."
If you feel the worksite is dangerous, you should contact OSHA. If you are terminated after contacting OSHA, there will be an inference that your complaint may have been the catalyst for your termination.
The best thing you can do at this point is maintain detailed documentation of all conversations you have with your boss. If you are terminated, you should then speak with an employee rights attorney to evaluate what your options are at that time.
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