Workplace safety laws provide rules and regulations designed to reduce injuries from occurring in the workplace. California labor laws mandate that employers provide a place of employment that is safe for its employees. It is unlawful for an employer to require an employee to go or be in any workplace that is not safe. It is also unlawful to discharge, or otherwise discipline, an employee who complains to an employer about an unsafe or hazardous work environment.
Under California Labor Code section 6310, any employee who is fired, threatened with discharge, demoted, or in any other manner discriminated or disciplined against by his or her employer because he or she has made a complaint regarding unsafe working conditions, is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who declines to reinstate, promote, or otherwise restore an employee who has been determined to be eligible for reinstatement by a grievance procedure or hearing is guilty of a misdemeanor. Furthermore, no employee shall be released or discharged for declining to work in an unsafe or hazardous work environment.
Most companies have handbooks/manuals outlining specific procedures to file complaints regarding workplace safety. An employee’s first course of action should be to refer to these policies, and attempt to resolve the issue within the company’s procedures. Sometimes, failure to follow these procedures may harm one’s chances to recover certain damages. It is important to follow these procedures carefully and document every action in writing.
Hekmat Law Group attorneys fight for employees who were fired from their jobs simply for refusing to work in unsafe conditions. Contact us today for a free consultation and to learn more about your legal rights. If you think you may need a lawyer, don’t delay in contacting us. Your claims may be barred by a statute of limitations if you wait too long.
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