Labor Code 6310 – whistleblower protection for occupational health and safety complaints – Six (6) months to file complaint with California Labor Commissioner, or three (3) years to file a lawsuit; Government Code 8547 – whistleblower protection for state government employees – Twelve (12) months to file complaint with State Personnel Board Labor Code Section 6310 prohibits retaliation against an employee who made an oral or written complaint to his/her employer or the California Division of Occupational Safety and Health (Cal OSHA) regarding health and safety in the workplace. A favorite trick in the wrongful-termination plaintiff's playbook is a claim under Labor Code sections 1102.5 or 6310, which both prohibit employer retaliation against employees who have complained to certain government agencies about employer conduct the employee believed to be unlawful. Download PDF. Management instructs employees to keep news of the fire secret while a solution is figured out. The state of California wants employees to work in safe environments. In addition, Labor Code 6310. The labor code § 6310 also states that an employer who refuses to rehire an employee after discharging them for engaging in osha whistleblower activity is guilty of a misdemeanor. entrepreneurship, we’re lowering the cost of legal services and To this end, the California legislature passed California Labor Code section 6310. The Division also operates what is known as a high hazard unit. ; Division: means the Division of Occupational Safety and Health.See California Public Utilities Code 99234.1 Universal Citation: CA Labor Code § 6310 (2018) 6310. Code, § 6310… The statute of limitations for a wrongful termination claim for violation of public policy is two years. See California Public Utilities Code 99234.1; Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Under Labor Code §6310, it is unlawful to terminate someone for complaining about health and safety issues in the workplace, or out of apprehension that that person … Division: means the Division of Occupational Safety and Health. Continue reading to learn more about labor code § 6310 as well as what a person can recover through an OSHA retaliation claim. He believes the reason given for his termination is merely pretext, and that he is in fact experiencing retaliation for blowing the whistle on the mine’s unsafe operating practices. If you have a legal question, contact a lawyer for advice tailored to your specific situation. The 2016-2017 list maintained by OSHA detailing high hazard industries includes: residential construction, framing contractors, steel product manufacturing, ground passenger transportation, couriers and messengers, nursing and residential care facilities workers, as well as skiing facilities. In some instances, the whistleblower might be able to recover punitive damages designed to keep the employer from ever engaging in the retaliatory activity again. Labor Code Section 6310 also states that an employer may not retaliate against an employee who is a family member or is perceived to be a family member of a person who filed a complaint pursuant to Section 6310. App. You could qualify to file a case and obtain monetary compensation for your damages. This page covers: It’s important to remember that nothing contained on this page is intended as a substitute for speaking directly with a qualified attorney. 1.1. Cal. The sooner you contact our outstanding legal team, the sooner you’ll find out how we can help. When considering cases that go in front of a judge or jury, it is impossible to predict how a person or group of persons will rule on any given case. CALIFORNIA LABOR CODE. Every case and every client's situation is different and this site is merely meant to provide information to the public. Two different juries might review the same set of facts and come to completely different conclusions. California public policy supports the safety and well-being of employees in their place of work. Code § 6310. He alleged he was terminated in violation of two California Labor Code’s whistleblower protections, Labor Code Sections 6310 and 1102.5, in retaliation for sending the e-mail. § 6310 (a) No person shall discharge or in any manner discriminate against any employee because the employee has done any of the following: (1) A jury confidential consultation by calling ( 916 ) 446-2000 california labor code 6310 accuracy addition, we ’ re the! His intention to complain to Cal osha visit Westlaw Harold Brody January 14 2015! Employees to keep news of the original job, as well as what a person can through! 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