Retaliation in violation of Labor Code § 6310 is a serious issue that can have far-reaching consequences for both employees and employers. You have the right to complain about health and safety conditions or practices in your workplace.
Under California law, it is illegal for an employer to retaliate against an employee for exercising their rights under the Labor Code. This includes, but is not limited to, filing a complaint or grievance, participating in a workplace investigation, or refusing to participate in illegal activity. This means that if you’ve made complaints about your employer to Cal/OSHA about unsafe working conditions, then this complaint is protected.
What are my rights to a safe and healthful workplace under the California Labor Code?
Labor Code § 6310 is a California state law that requires employers to provide a safe and healthy work environment for their employees. It specifically states that employers must "furnish employment and a place of employment which are safe and healthful for the employees therein."
Violations of this law can occur when an employer fails to take reasonable steps to ensure the safety and health of their employees, such as by failing to provide proper safety equipment or training, or by exposing employees to hazardous conditions without taking adequate precautions. You may make complaints about these failures. You may also be familiar with health and safety precautions that are taken in your specific trade such as the use of shoring when working in a trench.
What kinds of damages can I recover if I’ve been retaliated against after reporting my employer to Cal/Osha?
If an employer is found to have retaliated against an employee in violation of Labor Code § 6310, the employee may be entitled to significant damages, including lost wages and benefits, emotional distress, and even punitive damages. In some cases, the employer may also be subject to criminal penalties.
How long do I have to file a lawsuit?
The time limit for filing a claim for employer retaliation is three years from the date of the incident. For example, if an employer retaliates against an employee by firing them, the employee has three years from the date of termination to file a claim.
What should I do if I believe that retaliation has occurred?
It is important for both employees to understand their rights and obligations under the law, and to take action if they believe that retaliation has occurred. Employees who believe that they have been retaliated against should contact an experienced employment law attorney as soon as possible to discuss their options and protect their rights.
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Sources:
Labor Code § 6310 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=6310&lawCode=LAB