Filing an OSHA Retaliation Claim: Tips for Employees in Maryland

If you reported (or attempted to report) a safety concern at work and your employer took adverse employment action against you, you may have a retaliation claim. The federal Occupational Safety and Health Act applies to nearly all private-sector employers; and, in addition to holding employers accountable for their workers’ safety, it also holds employers accountable when they retaliate against employees who attempt to do the right thing.

To file a retaliation claim, you need to follow a strict set of requirements. You also need to meet a very strict deadline. With this in mind, here are seven tips for asserting your legal rights:

Tip #1: Take Action Promptly

The deadline for filing a retaliation claim under the Occupational Safety and Health Act is 30 days from the date of the retaliation. If you miss this deadline, you won’t be able to submit your claim to the Occupational Safety and Health Administration (OSHA).

Tip #2: Take Detailed Notes

You should write down any details that you believe may be pertinent to your OSHA retaliation claim. The more details you can record, the better. This will help ensure that you don’t overlook any information that may be relevant to your claim, and it will allow you to share as much information as possible with your lawyer during your initial consultation.

Tip #3: Keep Any Documentation of Your OSHA Violation Report

If you have a copy of your OSHA violation report, follow-up emails or any other documentation proving that you filed (or attempted to file) a report with your employer, you should be sure to keep these safe to share with your lawyer.

Tip #4: Keep Any Documentation of the Employer’s Adverse Employment Action

The same goes for any documentation of your employer’s adverse employment action. Formal letters, emails from your supervisor or HR representative, text messages from coworkers, pay stubs, and other forms of documentation could all be relevant to proving your retaliation claim.

Tip #5: Collect OSHA’s Recommended Documentation

OSHA has prepared a list of documents that it recommends employees have available when filing a retaliation claim. To the extent that you can, you should gather these documents as well.

Tip #6: Think About the Remedy (or Remedies) You Want to Pursue

In OSHA retaliation cases, potential remedies include reinstatement, back pay and benefits, and other damages. You should begin thinking about the remedy (or remedies) you want to pursue—though you will ultimately want to make your decision after consulting with a lawyer.

Tip #7: Consult with a Lawyer About Your Next Steps

Given the short deadline for filing a retaliation claim with OSHA, it is important that you speak with a lawyer as soon as possible. An experienced employment lawyer will be able to assess your claim, explain your next steps and help you make an informed decision about how to proceed.

Do You Have an OSHA Retaliation Claim in Maryland? Schedule a Confidential Consultation Today

If you need to know more about filing an OSHA retaliation claim in Maryland, we invite you to get in touch. To speak with an experienced employment lawyer at The Law Firm of J.W. Stafford, LLC in confidence, call 410-514-6099 or contact us online today.