Are Workers Being Penalized for Reporting Covid-19 Safety Violations in the Workplace?

While many California employers and companies throughout the nation take the threat of Covid-19 seriously, and do their best to implement all safety recommendations from government agencies, there are some who dismiss the threat.

When Companies Fail to Comply with Safety Measures Recommended by Government Agencies:

When companies fail to respond to the threat by complying with safety recommendations suggested by government agencies (or complying with mandates from their local, state, or federal government), they put their employees and their customers at risk. However, some employers are doing just that. Employers choosing not to adhere to safety recommendations may refuse to provide necessary masks or other PPE to their employees, they may fail to allow employees to exercise social distancing, they may deny employee requests to work from home, etc.

Ultimatums to Return to Work During the Covid-19 Pandemic:

In some instances, employees that complained to their employer or to their employer’s Human Resources department about the failure to implement safety measures in their workplace met with resistance. In other cases, these employees experienced retaliation or even termination in response to their complaints. Some employees who requested telecommuting due to the dangers presented by the pandemic were told to return to work or resign.

Employees Fired for Refusing to Return to Unsafe Workplaces During Covid-19 File Suit

Many employees fired for refusing to put themselves and their families in danger by returning to unsafe workplaces in the midst of the Covid-19 pandemic are filing suit. Under California’s whistleblower law, and the Conscientious Employee Protection Act, employers are prohibited from firing, demoting, or retaliating against workers in any way due to a worker’s refusal to participate in activities that the employee believes are incompatible with safety mandates or public health.

More Employers Are Asking Employees to Return to Work:

As more employers start to encourage workers to return to the office, the number of employees resisting what they see as unsafe or unhealthy workplace conditions is growing. Employees facing adverse action due to this unprecedented scenario can turn to legal protections in place for whistleblowers. There are currently 23 federal whistleblower statutes in place to protect workers from retaliation if they report workplace safety violations. These statutes are enforced by the Occupational Safety and Health Administration, and the U.S. Department of Labor.

Covid-19 Related Lawsuits Are On the Rise:

Whistleblower complaints filed with the Occupational Safety and Health Administration increased by 30 percent between from February 2020 to May 2020. Almost 40% of the significantly increased complaints  were Covid-19 related - filed in most part by employees who allege they experienced adverse employment action after they reported workplace safety violations. It’s estimated that approximately 170 retaliation/whistleblower suits have been filed across the country; making retaliation/whistleblower lawsuits the 2nd largest category behind remote work/leave lawsuits. And more Covid-19 related suits have been filed claiming wrongful termination.

If you need to discuss workplace retaliation or if you need to file a California wrongful termination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.