Hello Branigan, thanks for your helping videos. I am a Chinese American. In my working place, a coworker made wrong accusation in front of other employees that I touched his report secretly and said he was going to kill me, and said lots of bad about Chinese, and let everyone don't trust chinese in the workplace. I saw those on a HR report that two other witnesses reported when I was not represent. At the same time, I was bullyed and isolated by my boss and his allies in workplace, such as, showed cold shoulder on me, refuse to communicate. forced me do the job not on my job desciption, etc. HR held the file for one month never took action, I sent the file to HR asked the HR manager, she feedback that incident dismissed. I escalate to Corp and file a potential hate crime to local police officer. How to candle this situation with this company.
I worked for a group that was suppose to drug test workers under Federal Law, (DAPI Requiremennts) they never tested me or at least a few of my coworkers. When I went to OSHA, they did nothing, Mr. Kline of OSHA Region 9 laughed at me for my legal and safety concerns. Today the group I worked for is trying to get an exemption from the drug testing requirements, i.e., Safety Requirements. Don't waste your time with OSHA, your better off watching Cat Videos on youtube. I was terminated, good luck as a Whistleblower, the only one that can help you is you.
Worked as a security guard for a semi conductor company called Wolfspeed. They routinely ignored reported safety issues and threatened staff. Had a guard get heat stroke and pass out in a 108 degree guard shack due to the HVAC system not working. It was like a big greenhouse without AC. They didn't give a fuck at all, told us fixing the AC was to big a deal until we called OSHA and it was fixed the next day. They then interrogated everyone in the department hunted for the person that called OSHA.
Worked for and lived at a storage company. Injured my back trying to repair the roof after the big windstorms we had in California. New boss was hired and immediately belittled me and was upset that I was injured. Turns out it was a bulging disc. Requested my assistant manager to be at the very least transferred since she would only show up for 1 shift a week for 4 months. Dealt with lots of local transients and drugs. Was assaulted by two crackheads after they blocked me from getting back into my home because I wouldn’t allow them to live in their unit. Defended myself, veteran. Police charged us both. Company lost my claims paperwork and tried to get me to change my time to show I was clocked in during the investigation, but the only resource they gave to help me with my mental state was on the condition that I was not clocked in (I wasn’t.) company called me weeks after the assault to send them pictures of injuries. Refused and sent an email letting co-workers know how this situation would be handled, and the inadequacies of the claims department and the refusal to provide me with FMLA paperwork. Fired, lost my home and job for breaking a company policy that is still unspecified. I appreciate your videos, sir. They are helping me understand and contextualize the past, present and future of this incident. Thank you.
I was just fired for reporting mold growing around medical equipment that is used by elderly dying patients. Apparently sending pictures to report this and refusing to work in a warehouse full of mold is reason for termination
I tested the ph & chlorine levels at a water park. I reported that the PH & CHLORINE LEVELS were EITHER TOO HIGH &/or little to NO CHLORINE at all and had the park closedown which they obviously didn’t like.
I was fired for speaking up about miss treatment of other staff members, then was told I would get a severance and they lied about it, there termination letter that was sent to me a two months later only said I was terminated without any reason. I reached out to a few lawyers and none have looked at what I have provided. I was told by a lawyer they do not need a reason because it is an at will state. It was clear retaliation and wrongful termination
What kind of mistreatment was it? There is no law against being a bad manager or an A-hole on the job….were the co-workers mistreated with words or violence or discrimination? If not, there is no law being broken. Just because you were feeling sorry for your co-workers doesn’t allow you to interfere without legitimate authority unless you are willing to lose your job for them.
I work in alcohol service industry. My boss created an unsafe working condition by failing to inform me that they invited a customer back that previously had gotten drunk at the establishment and threatened to smash me. The customer was removed and issued a trespass ban by local PD. The failure to report by my boss caused an unsafe confrontation with this customer. Two months later, I’m the one who receives low marks on teamwork.
First, I am a Canadian (so legally speaking, we have very different laws in some cases I'm sure). I can't understate how educational this has been, as everything I've seen in a fair amount of your videos I've consumed this morning, it is no different up here in Canada. I was actually terminated yesterday (and here's the kicker, I work as a Health Safety and Environment Advisor, who genuinely believes in always trying to do the right thing for people), over a complaint I made when I observed very unlawful, high risk work being allowed to continue by one of my senior superiors. I fell into their trap, it's bloody insidious. I engineered my own termination for them. I wish to Christ I had seen your videos 2 months ago. You earned my sub today kind Sir.
It's not a trap. Exposure is necessary. Eventually, they will get caught. These companies protect the ones who abuse their powers and the judicial system aligns with them.
Here's the thing: The specific law doesn't matter. Whether an unfair action constitutes retaliation doesn't matter. Send a lawyer's letter to your employer and say you're willing to mediate. Every company will mediate to avoid being named in a suit. Go to mediation and get paid. This is how you can (1) receive $ you deserve (probably not a windfall but going to trial is always a gamble), (2) keep your name out of public records so that you're still employable (3) galvanize change within the company.
For california if you report with Cal osha about the unsafe environment at work ..your employee after 16 month later can then start retaliating against you because The cal osho status of limitation on how long you have to report retaliation against your employer.. is only given 16 months after 17 months both my employer started to retaliate against me on things that weren't true.
Hilariously, this week my employer told us that we will be required to attend an unpaid OSHA 10-hour outreach program on the weekend. They openly refuse to pay overtime to their obviously non-exempt full time employees, and this weekend training is no exception. I stated simply that I will be paid for it, and they offered to pay for me to take the course online. I asked them if I'm expected to complete it during normal hours, and they said I should have "plenty of time" to complete it. The deadline is six business days from when they informed us, so at minimum I would need to find a bit under two hours per business day to work on the course, which is mandated to take at least ten hours. The irony of this situation is that they are violating FLSA overtime laws to force employees to attend an outreach program which is entirely voluntary under federal and state law... And that outreach program is for OSHA, whose workplace safety rules they flagrantly violate (I am being asked to do work on rooftops every day, without access to fall protection).
And in addition to all of this, the trainer who is giving the course on the weekend does not meet the minimum requirements for an OSHA 10-hour outreach, because they are conducting the 10-hour in a single day despite the fact that OSHA requires that no more than 7.5 hours of instruction is conducted in a single calendar day.
My sister was harassed at work on her waitress job. She complained of workplace violence, then they fired her the next day. She recorded them firing her. And she recorded herself cooperating with her manager for the investigation. Her manager didn't know she was recording herself cooperating, so he lied to Osha and he said she didn't cooperate. Her Osha investigator gave her a merit case, then Osha harassed her investigator for giving her a merit case. They harassed him so much and made his job so miserable that they forced him to quit, all because he gave her a merit case (probable cause finding). Her Osha investigator seems to think there is more to the termination. He thinks somebody in executive management had a crush on her and she didn't give him any attention, so he ordered her fired. Her manager that fired her told her that he didn't fire her and Jay (Chief of security) told him to fire her. Jay was listening on speakerphone like a peeping-Tom in the managers office while her manager fired her. Also, right before she was fired, she was made aware through odd happenings that she was being watched on surveillance. Jay use to be a cop in another state, and he use to stalk and watch my sister on the company surveillance her entire 8 hour shift. He's a scary stalker. My sister should put the recordings online of them firing her and the other recordings.
I am so happy I came across your channel! I have been fired for the craziest things. I had a situation where there was an unsafe situation and hr turned on me and fired me using petty things I’ve said before to make me look like I was the bad guy. Another similar situation I had at another job. I was hurt for years over this and now it all makes sense.
From experience I can tell you depending on your skill-set you can probably reach out to your friends family neighbors and their neighbors friends and family and find enough work and make more than you were at the b******* job. I'm currently having an issue with a homosexual boss who is anti-christian which is a hard thing to get any money for these days. He told me I will never get a raise because I missed a couple days being sick and didn't have a doctor's excuse. Then he told me he needed me because he made commitments to fulfill orders. I walked out convince other people to quit with me now he's f***** it's almost never worth it to try and produce a lawsuit you're better off just making your own way in the world
Currently thinking about starting this osha stuff with Amazon, I have identified blantant fire code violations and the manager of the building basically dared me to try and call osha
I reported workplace safety ( covid related) to top management of the company and the retaliation games started at the local/regional level. I work at a large bank. Then to add insult to injury, they gave me bad performance reviews after I took a fmla leave due to a critical health condition of my wife. The manager specifically mentioned my lack of presence at work ( I took partial leave not full) for allegedly poor performance. Recently, they also blocked a bonus that I had earned, after it was already showing up in my compensation statement. Anyhow, I am still employed at the company ( and quite miserable) so It is what it is for now. Good, informative videos 👍
This is CLEARLY a retaliation documented case, if you are in CA, have you thought to file a claim for retaliation with the ca retaliation unit?? I did, my employer was so scared, they offered a deal (of course a negotiated intensively for what I wanted to and just to be a pain) you should do it and get a deal to remove it if you get paid your bonus (do not sign a deal where you waive your rights) Also for the performance definetely you can make a "rebuttal" explaining why you dont agree and your employer has to put it in your file in the case you ever go to court that is a little something with your side of the story (and they will know you know some stuff right?)
Btw I also reported my bank because the AC was not working on summer on the desert haha LOVED IT! I am still enployed and promoted and everything haha 😁
To file a claim with the retaliation unit in CA please google it, go to their website, create an username and password, explain what happened, attach important documents as FMLA and others, they will send a letter to your employer, you will receive a call fron the goverment and probably get your bonus from them so you can remove the complaint :) (negotiate more)!
I filed a complaint with OSHA after talking to the people spray painting, then going to my supervisor multiple times, and trying to talk to the owner (we had no HR). The day OSHA contacted the company, suddenly I could do nothing right and everything was scrutinized. I was told that day that the job was not a good fit for me, I created too much drama, and I should just quit. I didn't, but about a month later one of our buyers told me I shouldn't listen to quality control and I told them what the buyer said, so I was fired over that, creating too much drama. In their protest on my unemployment, they claim I was fired for profane language, which did not happen.
Hi Mr.Robertson I find your videos very interesting, "I'm a victim of retaliation" I was a state employee and I was hurt on my job as a janitor I reported it to the night supervisor because I work nights I then saw my doctor the next morning he recommended I stay off my job for 7 days so I call it in and my call was answered by the office tec, I informed her that I was hurt the night before at work and that I have a need for leave all she said was fax over the doctors note and she gave me the fax number and so I did as she ask, while I was out another medical condition presented itself this doctor said my PSA was very high and I could do two things have another Lab test or have a Prostate biopsy well now I'm really stressed out because they don't know what is wrong with my back and now I have to make another decision because I might have Prostate cancer, I was advised by my father to do the biopsy, so I did, this was the most painful thing I have ever experienced in my life and as a result I was bleeding for the next 10 days in excess of the 7 days the doctor the requested for my back, and then my employer sent me a proposed termination letter for AWOL and along with the letter came a FMLA application that would protect my job, I had 15 days to have it filled out and retun back to HR well we did fill it out and returned it to HR but to my surprise it was ignored, and I was then schedule for a coleman hearing, so at the hearing told them what had happend and about my injuries on the job and about the second issue I was faceing but they said I was still AWOL and that I abandoned my job, I was so confused and I did't know what happened to the FMLA application we submited I was never given any notice nor any calls it turns out that the proposed termination notice was the termination letter and at the hearing I was suppose to have an opportunity to explain my absence and my reason for my unexplain absence before any action was taken, but that didn't happen they terminated my employment before I had my hearing so I didn't get due process and this is just the tip of this story.
Worked with a guy,a little older than myself, at a sewage pump station. I was there to just fill in for a vacancy. The guy i was working with electrocuted himself. Bad enough that i had to shut off the fan switch to stop the current. He fell back, got up after a few seconds and went to the truck to check himself out. I immediately texted his immediate supervisor, and his only other coworker at that time. I was told that they would file an incident report. They did not. They started leaving me at pump stations for hours and not communicate with me. Would work me through my lunch break and then make jokes about it on the way back to the shop. They would tell me to wait for them in a specific spot, and then would leave and not tell me where they were going. The guy that electrocuted himself had issues with drugs in the past and i believe had to go to rehab to save his job. I think that's why he was never checked out medically. Is any of this illegal? I spoke with the supervisor and my actual boss about it and was told to go with the flow...
I’m a maintenance mechanic at a battery plant. My supervisor had falsified a confined space permit checking off everything was locked out and the nitrogen valve was blanked off. So I made entry into the confined space to change a sprocket. The short time I was in there I began to fill very dizzy and lips went numb. My sniffer has reading device began to alarm out and oxygen level dropped to 12%. Radioed supervisor and he said he thought it was off. Come to find out he never had the operator shut it off and didn’t have anything locked out. Wrote a letter to my HR and safety department giving times and every detail of the night plus picture of the confined space permit. They did a partial investigation and 6 days later I get suspended for 14 days without pay for breaking work procedure or policy. So I asked for what policy or procedure I broke and they couldn’t tell me. Just send it is an environmental, health and safety violation and thanked me for self reporting. This was my very first discipline I’ve ever received also.
Live in super. New owner did renovations in basement where i lived. Filed complaint with osha. Got terminated for doing so. As retaliation was left to live in my apartment without relocation in asbestos, mold and silica dust for about 4 months.
I wish you were an attorney in Washington State. I’m dealing with a safety retaliation with email evidence. I was fired. This happened last week and I haven’t found legal representation yet
@@braniganrobertsonlaw good morning Mr Robertson I left you a voice mail with my name and # first name Daniel and the first 3 digits of my phone # is 413
My employer wanted me to report for duty during midnight hours at 3am and I reported my safety concern that it's dangerous to come to work during those times as there is no transport and now he want to discipline me for insubordination.
Broke my foot at work. Medical department did no record keeping. They did not offer workman's comp. They offered LOA without pay. Accommodation team missed some steps. Filing formal complaint with OSHA. Don't know what will happen but It has to be done. Coworker feel got a concussion. They told her to get back to work or be fired. She came back requested a copy of paperwork and she was told it was shredded. This is a huge company. Don't believe there is a law firm that will take a case toward them.
I work as a security guard at a casino. my coworker got fired recently because he was getting free pizza from one of the restaurants of the casino. I told him he should file a charge of discrimination with the eeoc. I don't know if he ever did. but I did forward him the link to the EEOC portal. I went on the website to file for him. I provided them his telephone number. he has a phone interview sometime in 2023. I kept a pdf version of the inquiry for my records. I wonder if they will call him or me but either way I complain for somebody else.
I have been retaliated against after I reported several safety violations from a new department that I was in. My lead technician first told me there will several disparaging marks in my personnel file that he was going to bring up at our yearly review which is 4 months from now. I went to HR about his remarks and now suddenly I have no bad marks in my personnel file, so they say, they have yet to give me a copy. Now I have been retaliated against by my supervisor saying that I am constantly disrespecting him. My supervisor constantly has told me I should not go to HR and that e feels as if I'm trying to make him look bad when I go over his head. About every 3 days my supervisor's boss comes to me with another complaint about me disrespecting my supervisor yet again. I know this sounds extremely childish and silly, believe me if feels that way sometimes. I politely and professionally tried to explain that I am not being disrespectful. I answer any questions politely and professionally. I just don't linger and have a long conversation, I get right to the point and then get back to work. I now have been asked twice to consider a more physical demanding and less desirable job in a different department. I work in Kentucky, should I file a complaint with the EEOC? Not quite sure what to do.
Question from Oklahoma. I got my right to sue letter from EEOC for discrimination and retaliation. I also filed in District court Friday for the UI, petitioning to reverse the Board of Review decision. Legal aid couldn't help since I didn't ask from the beginning for their help so they cant help at this stage so I filed myself. Do you know any attorneys for employment law in Oklahoma? There aren't any in my city of 100,000 people. I've followed the steps from all your videos and have the texts, emails, and everything saved. I tried oela and legal aid with no success, any ideas?
Eeoc gives you a limited time to get a lawyer and I'm surprised you we able to file on your own if in civil court. Eeoc has a list of lawyers but have fun with that. They either to rich o lazy to think of other people outside of their personal time. Just see to much dispare for people in need. Good luck to you
I was retaliated against by the Union Pacific Railroad. I turned in workplace assault by another employee and I also told the management about a potential OSHA violation by a company driver. The driver was allowing luggage into the vehicle cab. I pointed this out to the driver and she and the man sitting behind me started an altercation and the man committed 3rd degree assault on me. The railroad fired me and proceeded to embellish facts in formal investigation and then they continued to lie to neutral arbitrator. My lawyer failed to commit evidence to the district court in Nebraska. The judge in turn dismissed my case due to lack of evidence. Of course. The railroad made a big effort to cover up the situation. The lawyer I hired handed my case to the railroad. Possible collusion. I just learned that I could have filed in federal court under the Railway Labor Act. Did first filing in district court stop the clock on statute of limitations in federal court as well? The UPRR fired me permanently in 2018. I appealed and lost at a public law board in 2019 I was denied witnesses in formal investigation hearing with the UPRR. I have a recording of UP management telling me not to report the assault. They didn't mention the OSHA violation. I didn't realize how important that is. The judge did mention it in his dismissal letter. The judge said I didn't report the violation to OSHA so too bad so sad. I did report it the situation to UP management though and they glossed over it. Ignored it.
I work for Healthcare Agency located in California. I was retaliated against for refusing to work in a Covid Positive facility without proper PPE. I made a whistle blower report with OSHA and the EEOC. I was given the option to file the report in San Francisco or Pittsburgh Pa. Can I use a California attorney since the EEOC offered the option to file my report in California or Pennsylvania?
Wow. I worked in a state where hospitals got full with covid. Limited PPE so we had to share equipment. 7 layers plus. A nurse used one of the shared gowns on her shift. Called back to notify staff she had lice. That was my last medical gig. Folks want to be heroes with no common sense.
I am being racially discriminated against but HR and management think I’m the problem. There are no issues with my work performance. My manager seems to take the side of my ‘white’ colleagues. I see him talking one on one with them, but I only have access to him through emails, which he ignores. One of my colleagues made a racist remark to me. I reported it to my manager. He talked to her and said ‘it was a learning experience’ for her. Should he have escalated it to HR?
What IF you reported safety issues to a congressional ongoing safety/OSHA violation investigation and tho you gave permission for your safety story to be used in investigation, you requested your name not be specifically used. However you were shortly retaliated against and ultimately fired. Since So if employee reports safety issue to a Senatorial Congressional investigation of the employer (not directly to OSHA) would this type of reporting protect employee via Whistleblower Protection? Thank you.
How can I get in touch with you? My employer fired me after my manager recorded my performance evaluation and then purposely got me to say something that got me immediately fired. 7-year employee with no prior issues with HR.
I was tricked into signing a lease but didn’t know about the 14 days to vacate. I can’t find a new place to live in 14 days what do I do? I was laid off with no reason?
Here in pa we have no worker rights... even if there a rodent infestation and no ppe to clean up the messes.... in trying to do the right thing ya get ostracized and fired and no lawyer wants to get involved.
My ex attorney filed a 94m case. After threats etc he dropped out bring offered something else. I found out He was disbarred. Last thing he said to me was to hold onto the words in the Bible. Well my opinion he needed more than me. With 94m and you get a portion of that, why fall into the trap? Law can be though from what I see. Still no justice.
Suffered breathing issues when wearing a mask was placed to tele work2020-21 school year. I emailed Superintendent in 2021 when school started and I was escorted from the building for not wearing a mask. I sent email regarding mask efficacy and was after that never aloud accommodations. Other than 😮taking FMLA further proving I could not wear a mask. They blatantly ignored my requests. And lied in RTK response that knowone was aloud to work from home which I know for a fact is not true. Judge said 5 out of 7 counts I could take back Im in EEOC process now.
Good for you. The thing about mask is same as someone hyperventilating. You breath into a paper bag until your metabolism regulates your body. But this is not to be done more than 20 minutes max. Point is...even though it's your own breath, you can get really sick. Many people don't realize they need to remove that mask periodically and get a clean one. Respiratory mask like doctors wear in surgery are good but not easy or public to get. Hope you well
@@mindrenewal7657 lowered O2 was probably my issue. History on pneumonia’s shortness of breath going up stairs walking fast with my sons going to lunch around town. Tried it when shit hit fan but couldn’t handle not bring able yo breath part.
Have you ever seen retaliation at work? If so, please tell us your story here. I love reading the wild stories that employees share on my videos!
Hello Branigan, thanks for your helping videos. I am a Chinese American. In my working place, a coworker made wrong accusation in front of other employees that I touched his report secretly and said he was going to kill me, and said lots of bad about Chinese, and let everyone don't trust chinese in the workplace. I saw those on a HR report that two other witnesses reported when I was not represent. At the same time, I was bullyed and isolated by my boss and his allies in workplace, such as, showed cold shoulder on me, refuse to communicate. forced me do the job not on my job desciption, etc. HR held the file for one month never took action, I sent the file to HR asked the HR manager, she feedback that incident dismissed. I escalate to Corp and file a potential hate crime to local police officer. How to candle this situation with this company.
I worked for a group that was suppose to drug test workers under Federal Law, (DAPI Requiremennts) they never tested me or at least a few of my coworkers. When I went to OSHA, they did nothing, Mr. Kline of OSHA Region 9 laughed at me for my legal and safety concerns. Today the group I worked for is trying to get an exemption from the drug testing requirements, i.e., Safety Requirements. Don't waste your time with OSHA, your better off watching Cat Videos on youtube. I was terminated, good luck as a Whistleblower, the only one that can help you is you.
Worked as a security guard for a semi conductor company called Wolfspeed. They routinely ignored reported safety issues and threatened staff. Had a guard get heat stroke and pass out in a 108 degree guard shack due to the HVAC system not working. It was like a big greenhouse without AC. They didn't give a fuck at all, told us fixing the AC was to big a deal until we called OSHA and it was fixed the next day. They then interrogated everyone in the department hunted for the person that called OSHA.
how do I anonymously report vehicles at my company for not being maintained if they have their own state inspector and mechanic?
Worked for and lived at a storage company. Injured my back trying to repair the roof after the big windstorms we had in California. New boss was hired and immediately belittled me and was upset that I was injured. Turns out it was a bulging disc. Requested my assistant manager to be at the very least transferred since she would only show up for 1 shift a week for 4 months. Dealt with lots of local transients and drugs. Was assaulted by two crackheads after they blocked me from getting back into my home because I wouldn’t allow them to live in their unit. Defended myself, veteran. Police charged us both. Company lost my claims paperwork and tried to get me to change my time to show I was clocked in during the investigation, but the only resource they gave to help me with my mental state was on the condition that I was not clocked in (I wasn’t.) company called me weeks after the assault to send them pictures of injuries. Refused and sent an email letting co-workers know how this situation would be handled, and the inadequacies of the claims department and the refusal to provide me with FMLA paperwork. Fired, lost my home and job for breaking a company policy that is still unspecified. I appreciate your videos, sir. They are helping me understand and contextualize the past, present and future of this incident. Thank you.
I was just fired for reporting mold growing around medical equipment that is used by elderly dying patients. Apparently sending pictures to report this and refusing to work in a warehouse full of mold is reason for termination
I tested the ph & chlorine levels at a water park. I reported that the PH & CHLORINE LEVELS were EITHER TOO HIGH &/or little to NO CHLORINE at all and had the park closedown which they obviously didn’t like.
I was fired for speaking up about miss treatment of other staff members, then was told I would get a severance and they lied about it, there termination letter that was sent to me a two months later only said I was terminated without any reason. I reached out to a few lawyers and none have looked at what I have provided. I was told by a lawyer they do not need a reason because it is an at will state. It was clear retaliation and wrongful termination
What kind of mistreatment was it? There is no law against being a bad manager or an A-hole on the job….were the co-workers mistreated with words or violence or discrimination? If not, there is no law being broken. Just because you were feeling sorry for your co-workers doesn’t allow you to interfere without legitimate authority unless you are willing to lose your job for them.
I work in alcohol service industry. My boss created an unsafe working condition by failing to inform me that they invited a customer back that previously had gotten drunk at the establishment and threatened to smash me. The customer was removed and issued a trespass ban by local PD.
The failure to report by my boss caused an unsafe confrontation with this customer.
Two months later, I’m the one who receives low marks on teamwork.
No matter how good your case is, the only true winners are the lawyers.
First, I am a Canadian (so legally speaking, we have very different laws in some cases I'm sure). I can't understate how educational this has been, as everything I've seen in a fair amount of your videos I've consumed this morning, it is no different up here in Canada. I was actually terminated yesterday (and here's the kicker, I work as a Health Safety and Environment Advisor, who genuinely believes in always trying to do the right thing for people), over a complaint I made when I observed very unlawful, high risk work being allowed to continue by one of my senior superiors. I fell into their trap, it's bloody insidious. I engineered my own termination for them. I wish to Christ I had seen your videos 2 months ago. You earned my sub today kind Sir.
It's not a trap. Exposure is necessary. Eventually, they will get caught. These companies protect the ones who abuse their powers and the judicial system aligns with them.
Here's the thing: The specific law doesn't matter. Whether an unfair action constitutes retaliation doesn't matter. Send a lawyer's letter to your employer and say you're willing to mediate. Every company will mediate to avoid being named in a suit. Go to mediation and get paid. This is how you can (1) receive $ you deserve (probably not a windfall but going to trial is always a gamble), (2) keep your name out of public records so that you're still employable (3) galvanize change within the company.
Also, if you do file suit, don't claim emotional distress - you will need to disclose really personal stuff. Rarely worth it.
For california if you report with Cal osha about the unsafe environment at work ..your employee after 16 month later can then start retaliating against you because The cal osho status of limitation on how long you have to report retaliation against your employer.. is only given 16 months after 17 months both my employer started to retaliate against me on things that weren't true.
Excellent advices and easy to follow. You are an awesome attorney !!
Hilariously, this week my employer told us that we will be required to attend an unpaid OSHA 10-hour outreach program on the weekend. They openly refuse to pay overtime to their obviously non-exempt full time employees, and this weekend training is no exception. I stated simply that I will be paid for it, and they offered to pay for me to take the course online. I asked them if I'm expected to complete it during normal hours, and they said I should have "plenty of time" to complete it. The deadline is six business days from when they informed us, so at minimum I would need to find a bit under two hours per business day to work on the course, which is mandated to take at least ten hours.
The irony of this situation is that they are violating FLSA overtime laws to force employees to attend an outreach program which is entirely voluntary under federal and state law... And that outreach program is for OSHA, whose workplace safety rules they flagrantly violate (I am being asked to do work on rooftops every day, without access to fall protection).
And in addition to all of this, the trainer who is giving the course on the weekend does not meet the minimum requirements for an OSHA 10-hour outreach, because they are conducting the 10-hour in a single day despite the fact that OSHA requires that no more than 7.5 hours of instruction is conducted in a single calendar day.
My sister was harassed at work on her waitress job. She complained of workplace violence, then they fired her the next day. She recorded them firing her. And she recorded herself cooperating with her manager for the investigation. Her manager didn't know she was recording herself cooperating, so he lied to Osha and he said she didn't cooperate.
Her Osha investigator gave her a merit case, then Osha harassed her investigator for giving her a merit case. They harassed him so much and made his job so miserable that they forced him to quit, all because he gave her a merit case (probable cause finding).
Her Osha investigator seems to think there is more to the termination. He thinks somebody in executive management had a crush on her and she didn't give him any attention, so he ordered her fired. Her manager that fired her told her that he didn't fire her and Jay (Chief of security) told him to fire her. Jay was listening on speakerphone like a peeping-Tom in the managers office while her manager fired her. Also, right before she was fired, she was made aware through odd happenings that she was being watched on surveillance. Jay use to be a cop in another state, and he use to stalk and watch my sister on the company surveillance her entire 8 hour shift. He's a scary stalker.
My sister should put the recordings online of them firing her and the other recordings.
I am so happy I came across your channel! I have been fired for the craziest things. I had a situation where there was an unsafe situation and hr turned on me and fired me using petty things I’ve said before to make me look like I was the bad guy. Another similar situation I had at another job. I was hurt for years over this and now it all makes sense.
From experience I can tell you depending on your skill-set you can probably reach out to your friends family neighbors and their neighbors friends and family and find enough work and make more than you were at the b******* job. I'm currently having an issue with a homosexual boss who is anti-christian which is a hard thing to get any money for these days. He told me I will never get a raise because I missed a couple days being sick and didn't have a doctor's excuse. Then he told me he needed me because he made commitments to fulfill orders. I walked out convince other people to quit with me now he's f***** it's almost never worth it to try and produce a lawsuit you're better off just making your own way in the world
@@jacobladder6165 I completely agree! That’s pretty much what I have been doing! A lot happier now! Wish you the best too!
Currently thinking about starting this osha stuff with Amazon, I have identified blantant fire code violations and the manager of the building basically dared me to try and call osha
Wow. A dare you say? What was he gonna do???? Punch your face? That is a direct threat, how intimidating 😳
You should and a union too
I reported workplace safety ( covid related) to top management of the company and the retaliation games started at the local/regional level. I work at a large bank. Then to add insult to injury, they gave me bad performance reviews after I took a fmla leave due to a critical health condition of my wife. The manager specifically mentioned my lack of presence at work ( I took partial leave not full) for allegedly poor performance. Recently, they also blocked a bonus that I had earned, after it was already showing up in my compensation statement. Anyhow, I am still employed at the company ( and quite miserable) so It is what it is for now.
Good, informative videos 👍
This is CLEARLY a retaliation documented case, if you are in CA, have you thought to file a claim for retaliation with the ca retaliation unit?? I did, my employer was so scared, they offered a deal (of course a negotiated intensively for what I wanted to and just to be a pain) you should do it and get a deal to remove it if you get paid your bonus (do not sign a deal where you waive your rights)
Also for the performance definetely you can make a "rebuttal" explaining why you dont agree and your employer has to put it in your file in the case you ever go to court that is a little something with your side of the story (and they will know you know some stuff right?)
Btw I also reported my bank because the AC was not working on summer on the desert haha LOVED IT! I am still enployed and promoted and everything haha 😁
To file a claim with the retaliation unit in CA please google it, go to their website, create an username and password, explain what happened, attach important documents as FMLA and others, they will send a letter to your employer, you will receive a call fron the goverment and probably get your bonus from them so you can remove the complaint :) (negotiate more)!
We are in the same boat.
Welcome back sir... you've been missed!
I filed a complaint with OSHA after talking to the people spray painting, then going to my supervisor multiple times, and trying to talk to the owner (we had no HR). The day OSHA contacted the company, suddenly I could do nothing right and everything was scrutinized. I was told that day that the job was not a good fit for me, I created too much drama, and I should just quit. I didn't, but about a month later one of our buyers told me I shouldn't listen to quality control and I told them what the buyer said, so I was fired over that, creating too much drama. In their protest on my unemployment, they claim I was fired for profane language, which did not happen.
Hi Mr.Robertson I find your videos very interesting, "I'm a victim of retaliation" I was a state employee and I was hurt on my job as a janitor I reported it to the night supervisor because I work nights I then saw my doctor the next morning he recommended I stay off my job for 7 days so I call it in and my call was answered by the office tec, I informed her that I was hurt the night before at work and that I have a need for leave all she said was fax over the doctors note and she gave me the fax number and so I did as she ask, while I was out another medical condition presented itself this doctor said my PSA was very high and I could do two things have another Lab test or have a Prostate biopsy well now I'm really stressed out because they don't know what is wrong with my back and now I have to make another decision because I might have Prostate cancer, I was advised by my father to do the biopsy, so I did, this was the most painful thing I have ever experienced in my life and as a result I was bleeding for the next 10 days in excess of the 7 days the doctor the requested for my back, and then my employer sent me a proposed termination letter for AWOL and along with the letter came a FMLA application that would protect my job, I had 15 days to have it filled out and retun back to HR well we did fill it out and returned it to HR but to my surprise it was ignored, and I was then schedule for a coleman hearing, so at the hearing told them what had happend and about my injuries on the job and about the second issue I was faceing but they said I was still AWOL and that I abandoned my job, I was so confused and I did't know what happened to the FMLA application we submited I was never given any notice nor any calls it turns out that the proposed termination notice was the termination letter and at the hearing I was suppose to have an opportunity to explain my absence and my reason for my unexplain absence before any action was taken, but that didn't happen they terminated my employment before I had my hearing so I didn't get due process and this is just the tip of this story.
Worked with a guy,a little older than myself, at a sewage pump station. I was there to just fill in for a vacancy. The guy i was working with electrocuted himself. Bad enough that i had to shut off the fan switch to stop the current. He fell back, got up after a few seconds and went to the truck to check himself out. I immediately texted his immediate supervisor, and his only other coworker at that time. I was told that they would file an incident report. They did not. They started leaving me at pump stations for hours and not communicate with me. Would work me through my lunch break and then make jokes about it on the way back to the shop. They would tell me to wait for them in a specific spot, and then would leave and not tell me where they were going. The guy that electrocuted himself had issues with drugs in the past and i believe had to go to rehab to save his job. I think that's why he was never checked out medically. Is any of this illegal? I spoke with the supervisor and my actual boss about it and was told to go with the flow...
I’m a maintenance mechanic at a battery plant. My supervisor had falsified a confined space permit checking off everything was locked out and the nitrogen valve was blanked off. So I made entry into the confined space to change a sprocket. The short time I was in there I began to fill very dizzy and lips went numb. My sniffer has reading device began to alarm out and oxygen level dropped to 12%. Radioed supervisor and he said he thought it was off. Come to find out he never had the operator shut it off and didn’t have anything locked out. Wrote a letter to my HR and safety department giving times and every detail of the night plus picture of the confined space permit. They did a partial investigation and 6 days later I get suspended for 14 days without pay for breaking work procedure or policy. So I asked for what policy or procedure I broke and they couldn’t tell me. Just send it is an environmental, health and safety violation and thanked me for self reporting. This was my very first discipline I’ve ever received also.
Live in super. New owner did renovations in basement where i lived. Filed complaint with osha. Got terminated for doing so. As retaliation was left to live in my apartment without relocation in asbestos, mold and silica dust for about 4 months.
I wish you were an attorney in Washington State. I’m dealing with a safety retaliation with email evidence. I was fired. This happened last week and I haven’t found legal representation yet
Hi Mr Robertson In my case I was laid off when I was asking for family leave when my daughter was receiving chemo and me being our primary caregiver
Not cool. Call a lawyer in your state. If you are in CA call me and I’ll take a look.
That is really sad. Hope all is well with you and your family
@@braniganrobertsonlaw good morning Mr Robertson I left you a voice mail with my name and # first name Daniel and the first 3 digits of my phone # is 413
I think there is another set of retaliation protections for DoD/NASA contractors, 10 USC 4701…
Yes I’m in NYC and getting retaliated against now
My employer wanted me to report for duty during midnight hours at 3am and I reported my safety concern that it's dangerous to come to work during those times as there is no transport and now he want to discipline me for insubordination.
Exactly. I reported more than once. They tried to write me up.
Broke my foot at work. Medical department did no record keeping. They did not offer workman's comp. They offered LOA without pay. Accommodation team missed some steps. Filing formal complaint with OSHA.
Don't know what will happen but It has to be done. Coworker feel got a concussion. They told her to get back to work or be fired.
She came back requested a copy of paperwork and she was told it was shredded.
This is a huge company. Don't believe there is a law firm that will take a case toward them.
What about managers who are told to leave in 14 days after being laid off and you cant find a place to stay fast enough?
I work as a security guard at a casino. my coworker got fired recently because he was getting free pizza from one of the restaurants of the casino. I told him he should file a charge of discrimination with the eeoc. I don't know if he ever did. but I did forward him the link to the EEOC portal. I went on the website to file for him. I provided them his telephone number. he has a phone interview sometime in 2023. I kept a pdf version of the inquiry for my records. I wonder if they will call him or me but either way I complain for somebody else.
Hummm...I know people in restaurant business. I believe they are allowed to eat the food they serve even as a gift. Update us.
@@mindrenewal7657 I'll see what happens
I have been retaliated against after I reported several safety violations from a new department that I was in.
My lead technician first told me there will several disparaging marks in my personnel file that he was going to bring up at our yearly review which is 4 months from now. I went to HR about his remarks and now suddenly I have no bad marks in my personnel file, so they say, they have yet to give me a copy. Now I have been retaliated against by my supervisor saying that I am constantly disrespecting him.
My supervisor constantly has told me I should not go to HR and that e feels as if I'm trying to make him look bad when I go over his head.
About every 3 days my supervisor's boss comes to me with another complaint about me disrespecting my supervisor yet again. I know this sounds extremely childish and silly, believe me if feels that way sometimes. I politely and professionally tried to explain that I am not being disrespectful. I answer any questions politely and professionally. I just don't linger and have a long conversation, I get right to the point and then get back to work. I now have been asked twice to consider a more physical demanding and less desirable job in a different department. I work in Kentucky, should I file a complaint with the EEOC? Not quite sure what to do.
Question from Oklahoma. I got my right to sue letter from EEOC for discrimination and retaliation. I also filed in District court Friday for the UI, petitioning to reverse the Board of Review decision. Legal aid couldn't help since I didn't ask from the beginning for their help so they cant help at this stage so I filed myself. Do you know any attorneys for employment law in Oklahoma? There aren't any in my city of 100,000 people. I've followed the steps from all your videos and have the texts, emails, and everything saved. I tried oela and legal aid with no success, any ideas?
Eeoc gives you a limited time to get a lawyer and I'm surprised you we able to file on your own if in civil court.
Eeoc has a list of lawyers but have fun with that. They either to rich o lazy to think of other people outside of their personal time. Just see to much dispare for people in need. Good luck to you
I was retaliated against by the Union Pacific Railroad. I turned in workplace assault by another employee and I also told the management about a potential OSHA violation by a company driver. The driver was allowing luggage into the vehicle cab. I pointed this out to the driver and she and the man sitting behind me started an altercation and the man committed 3rd degree assault on me. The railroad fired me and proceeded to embellish facts in formal investigation and then they continued to lie to neutral arbitrator. My lawyer failed to commit evidence to the district court in Nebraska. The judge in turn dismissed my case due to lack of evidence. Of course.
The railroad made a big effort to cover up the situation.
The lawyer I hired handed my case to the railroad. Possible collusion.
I just learned that I could have filed in federal court under the Railway Labor Act. Did first filing in district court stop the clock on statute of limitations in federal court as well?
The UPRR fired me permanently in 2018. I appealed and lost at a public law board in 2019
I was denied witnesses in formal investigation hearing with the UPRR.
I have a recording of UP management telling me not to report the assault. They didn't mention the OSHA violation. I didn't realize how important that is. The judge did mention it in his dismissal letter. The judge said I didn't report the violation to OSHA so too bad so sad.
I did report it the situation to UP management though and they glossed over it. Ignored it.
I was told OSHA violations were none of my business by my supervisor!
OSHA 11 (c), is Lip Service. They, OSHA don't follow their own protocols. Mr. Kline what can I say?
I work for Healthcare Agency located in California. I was retaliated against for refusing to work in a Covid Positive facility without proper PPE. I made a whistle blower report with OSHA and the EEOC. I was given the option to file the report in San Francisco or Pittsburgh Pa. Can I use a California attorney since the EEOC offered the option to file my report in California or Pennsylvania?
Wow. I worked in a state where hospitals got full with covid. Limited PPE so we had to share equipment. 7 layers plus. A nurse used one of the shared gowns on her shift. Called back to notify staff she had lice. That was my last medical gig. Folks want to be heroes with no common sense.
I reported a safety and health complaint with osha ND now I'm being retaliated against me.
Missed you.
I am being racially discriminated against but HR and management think I’m the problem. There are no issues with my work performance.
My manager seems to take the side of my ‘white’ colleagues. I see him talking one on one with them, but I only have access to him through emails, which he ignores.
One of my colleagues made a racist remark to me. I reported it to my manager. He talked to her and said ‘it was a learning experience’ for her. Should he have escalated it to HR?
What IF you reported safety issues to a congressional ongoing safety/OSHA violation investigation and tho you gave permission for your safety story to be used in investigation, you requested your name not be specifically used. However you were shortly retaliated against and ultimately fired. Since So if employee reports safety issue to a Senatorial Congressional investigation of the employer (not directly to OSHA) would this type of reporting protect employee via Whistleblower Protection? Thank you.
Generally, yes. Reporting safety issues to a government authority would be a protected activity in most situations.
How can I get in touch with you? My employer fired me after my manager recorded my performance evaluation and then purposely got me to say something that got me immediately fired. 7-year employee with no prior issues with HR.
I was tricked into signing a lease but didn’t know about the 14 days to vacate. I can’t find a new place to live in 14 days what do I do? I was laid off with no reason?
Rent court. Does your area have an eviction law? or public assistance. If you paid into the system have no shame getting help.
Here in pa we have no worker rights... even if there a rodent infestation and no ppe to clean up the messes.... in trying to do the right thing ya get ostracized and fired and no lawyer wants to get involved.
My ex attorney filed a 94m case. After threats etc he dropped out bring offered something else. I found out He was disbarred. Last thing he said to me was to hold onto the words in the Bible. Well my opinion he needed more than me. With 94m and you get a portion of that, why fall into the trap? Law can be though from what I see. Still no justice.
LIKE as Always!
Hi friend. 🗽
I hate corporate!!
Is bullying a safety issue? I believe I was exposed to reliation.
It can be. It depends.
Suffered breathing issues when wearing a mask was placed to tele work2020-21 school year. I emailed Superintendent in 2021 when school started and I was escorted from the building for not wearing a mask. I sent email regarding mask efficacy and was after that never aloud accommodations. Other than 😮taking FMLA further proving I could not wear a mask. They blatantly ignored my requests. And lied in RTK response that knowone was aloud to work from home which I know for a fact is not true. Judge said 5 out of 7 counts I could take back Im in EEOC process now.
Good for you. The thing about mask is same as someone hyperventilating.
You breath into a paper bag until your metabolism regulates your body. But this is not to be done more than 20 minutes max. Point is...even though it's your own breath, you can get really sick. Many people don't realize they need to remove that mask periodically and get a clean one. Respiratory mask like doctors wear in surgery are good but not easy or public to get. Hope you well
@@mindrenewal7657 lowered O2 was probably my issue. History on pneumonia’s shortness of breath going up stairs walking fast with my sons going to lunch around town. Tried it when shit hit fan but couldn’t handle not bring able yo breath part.
I am surprised there's not a specific law to protect students in schools.
At the end is the day, the laweyer gets most of the money, this is a scam!