We all feel like we have a duty to help our coworkers and the public at large. This is the heart of whistleblower protections. And, if a worker is fired after reporting a safety issue, in short, they may have a retaliation claim.
Whistleblowing statutes
Oregon’s whistleblowing statute makes it an unlawful employment practice to demote, suspend or discharge an employee for making a good-faith report of what they believe violates a state or federal law, rule or regulation. Document what you reported, to whom and when. And, most importantly, and act fast.
Where to file and deadlines
For safety and health complaints, the Oregon Occupational Safety and Health Division and Bureau of Labor and Industries both handle retaliation allegations. BOLI’s Civil Rights Division generally requires complaints within one year of the discriminatory act. Federal OSHA’s whistleblower deadlines vary by statute, but some are as short as 30 days, so do not delay.
What to expect
Investigations look for a prima facie link between your protected activity (your report) and an adverse action (discipline or discharge). These protections sit within Oregon’s broader employment laws (ORS Chapter 659A). After an administrative filing, some claims can move to court. Though, additional timing rules apply once an agency issues notice.
Next steps
Preserve everything, including your emails, text message and all your notes. Identify witnesses, and get their contact information (work and personal). Write a contemporaneous timeline, and try to get as much proof as possible that can substantiate that timeline. Write the timeline ASAP. The closer it is written to the actual events, the better. And, consider parallel complaints, e.g., BOLI and, if applicable, OSHA. This will ensure that you meet every deadline that might apply.