Feldman Legal Group litigates state and federal whistleblower claims across the state of Florida in both State and Federal Court. We are Whistleblower Act attorneys who handle cases throughout Florida and Georgia.

Many federal statutes have whistleblower provisions under which an employee is protected against retaliatory conduct by an employer for reported unlawful conduct of the employer, or for cooperating with state or federal agencies investigating unlawful conduct of the employer.

What Are My Rights as an OSHA Claim Whistleblower?

An employee may file a complaint with OSHA if an employer retaliates against the employee who engages in protected activity relating to:

  • Workplace safety and health
  • Commercial motor carrier safety
  • Pipeline safety
  • Air carrier safety
  • Nuclear safety
  • The environment
  • Asbestos in schools
  • Corporate fraud
  • SEC rules or regulations
  • Railroad carrier safety or security
  • Public transportation agency safety or security

If you feel that you have suffered retaliation by an employer in the form of unfavorable personnel actions such as demotion, loss of earnings, harassment or termination for cooperating with investigating agencies or for reporting unlawful conduct to a state or federal agency, you should file a claim with OSHA.

Employees should file complaints with OSHA within 30 days of the unfavorable personnel action or within 30 days of discovery of the discriminatory or retaliatory conduct. In some cases, depending on the federal Act involved, the employee may be required to file in writing, or the deadline to file may be greater than 30 days, or up to 180 days in some instances.

Unfavorable personnel actions include:

  • Blacklisting
  • Demoting
  • Denying overtime or promotion
  • Disciplining
  • Denying benefits
  • Failing to hire or rehire
  • Intimidation
  • Reassignment affecting promotion prospects
  • Reducing pay or hours

Protections Against Being Forced to Perform Certain Dangerous or Hazardous Work or Unlawful Conduct

An employee may have the right under OSHA to refuse to perform work when the employee believes he or she faces death or serious injury, and the situation is so clearly hazardous that any reasonable person would believe the same thing; and 2) you have tried to get your employer to correct the condition and there is no other way to do the job safely, and 3) the situation is so urgent that you do not have time to eliminate the hazard through regulatory channels such as calling OSHA.

Several laws protect employees who report violations of environment laws related to drinking water and water pollution, toxic substances, solid waste disposal, air quality and air pollution, asbestos in schools and hazardous waste disposal sites. The Energy Reorganization Act protects employees who raise safety concerns in the nuclear power industry and in nuclear medicine.

If you feel you are in such a dangerous situation, contact OSHA. If you are terminated for refusing to perform in such an unlawful or dangerous condition, contact the Feldman Legal Group to discuss this legal matter and find out your rights. At Feldman Legal Group, we specialize in whistleblower claims across the state of Florida from our offices in Tampa, Jacksonville, Orlando and in Atlanta, Georgia. We handle cases in both State and Federal Court. Our attorneys are prepared to take your case to trial and not just look for a quick dollar.

We are different, dedicated and determined to obtain the best possible result or financial resolution for any victim of a retaliatory personnel action or adverse employment action as a result of an employee refusing to go along with unlawful conduct, or who cooperates in any state or federal agency investigation. We are here to protect your rights and secure the compensation you are entitled to under the law.

Corporate Fraud

Corporate fraud is well covered in the media in the last decade, and there has been a backlash and crackdown over large corporations engaged in frivolous conduct such as bank fraud, SEC violations and accounting fraud. Employees who work for publicly traded companies which are required to file reports with the Securities and Exchange Commission (SEC) are protected from retaliation for reporting what the employee perceives to be unlawful conduct, such as mail, wire or bank fraud, violations of rules or regulations of the SEC or federal laws related to fraud against shareholders.

In a recent case in 2010, the U.S. Department of Labor ordered reinstatement of a whistleblower employee of Tennessee Commerce Bank, and more than $1 million in back wages and other relief.

Under Florida’s Whistleblower Act, private sector employees are protected against any adverse employment action such as:

  • Firing or laying off
  • Blacklisting
  • Demoting
  • Denying overtime or promotion
  • Disciplining
  • Denial of benefits
  • Failure to hire or rehire
  • Intimidation
  • Reassignment affecting prospects for promotion
  • Reducing pay or hours

Skilled and Experienced OSHA Claim Lawyers

Contact an OSHA claim attorney at Feldman Legal Group for a free assessment via email or by telephone. In most cases, we never charge our client a fee in a whistleblower claim and only are paid a fee from the offending party against whom we assert a claim.