Whistleblowers Now Protected Against Employer Retaliation
Lead paint in children's toys and costume jewelry, faulty child safety seats, toxic Chinese drywall, cosmetics with formaldehyde, dog food contaminated with melamine, the list of unsafe consumer products seems endless. In response to these dangerous products, on August 14, 2008, Congress introduced the Consumer Product Safety Improvement Act. The CPSIA modifies the 1972 Consumer Product Safety Act (CPSA) that created the US Consumer Product Safety Commission. One of the Act's improvements creates protections for whistleblowers.
The term 'whistleblower' means any individual, or 2 or more individuals acting jointly, who provides information relating to a violation of this Act.
There are many federal statutes that have whistleblower protection provisions. They protect an employee against retaliatory conduct by an employer for reporting unlawful conduct or for cooperating with state or federal agencies. Similarly, the Consumer Product Safety Improvement Act of 2008 - Section 219 (15 U.S.C. 2051) protects whistleblowers who take certain actions to raise safety concerns about consumer products.
What is Retaliation Protection?
The CPSIA established new retaliation protections for employees in the consumer product industry. Retaliation protection prevents an employer from negatively treating a whistleblower. By law, your employer:
"may not discharge or in any other manner retaliate against you because you provided... to the employer, the federal government, or the attorney general of a state information you reasonably believed related to any violation... of the Consumer Product Safety Act."
Who is covered?
Generally, you are protected from employer retaliation if you report unsafe products from an employer covered under the CPSIA. This includes manufacturers, importers, private labelers (owners of a brand or trademark on the private label of a consumer product), distributors, and retailers. So if you work for one of these employers and report them for unsafe consumer products, your employment rights are protected by law.
Contact the Feldman, Fox & Morgado office near you. Throughout Florida - Tampa, Ocala, Miami, Naples, Jacksonville, West Palm Beach and Fort Lauderdale, or call one of our other offices in Atlanta, New York City, Washington D.C. or Stamford Connecticut to talk with one of our Employment Law attorneys. We handle whistleblower cases, individual cases and class action cases in state and federal courts nationwide.
What retaliation is covered?
Under the CPSIA, your employer may not discharge or in any manner retaliate against you because
· You participated in or assisted in a proceeding under the laws, orders, rules, regulations, standards or bans enforced by the CPSC.
· You objected to, or refused to participate in, any activity, policy, practice, or assigned task that you reasonably believed to be in violation of any provision of the CPSA or any other Act enforced by the CPSC
Your employer may be found to have violated this statute if your protected activity was a contributing factor in its decision to take unfavorable personnel action against you. Such actions may include:
- Firing or laying off
- Blacklisting
- Demoting
- Denying overtime or promotion
- Disciplining
- Denying benefits
- Failing to hire or rehire
- Intimidation
- Reassignment affecting promotion prospects
- Reducing pay or hours
What is the deadline for filing a complaint?
Whistleblowers of unsafe consumer products that have been retaliated against, should file a complaint with Occupational Safety and Health Administration (OSHA).
"Complaints must be filed within 180 days after the alleged unfavorable personnel action occurs (that is, when you become aware of the retaliatory action). Those who believe they suffered unlawful retaliation for raising such concerns have 180 days to file a written complaint with OSHA seeking statutory remedies."
Timely action is of utmost importance; act quickly but don't fight alone. Your employer has legal counsel protecting the company's self-interest. By law, you are entitled to legal representation too. You need to protect your right to be compensated and right to protection from retaliation.
After filing your OSHA complaint, you may be entitled to relief and compensatory damages, including:
· Reinstatement with the same seniority status that the employee would have had, but for the discharge or discrimination;
· The amount of back pay, with interest;
· And compensation for any special damages sustained as a result of the discharge or discrimination, including litigation costs, expert witness fees, and reasonable attorney's fees.
Protecting Your Interests. Enforcing Your Rights. Call today 855-4-FFM-LAW.
Feldman, Fox & Morgado litigates whistleblower claims across the State of Florida in both State and Federal Court. We are Whistleblower Act attorneys who handle Qui Tam cases and Class Action Cases Nationwide. With offices in Tampa, Ocala, Miami, Naples, Jacksonville, West Palm Beach and Fort Lauderdale we cover Florida including Gainesville, Clearwater, Lakeland, St. Petersburg, Sarasota, Bradenton and Fort Myers. Se Habla Español. Covering the US, Feldman, Fox & Morgado also has offices in Atlanta, New York City, Washington D.C. and Stamford Connecticut to serve you.
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