Can My Employer Terminate Me for Making a Safety Complaint in California?
January 28, 2025California workplaces are governed by strict safety standards to protect employees. If you’ve made a safety complaint about your workplace, you’re exercising a legally protected right. Under California law, employers are prohibited from retaliating against employees who report unsafe working conditions. Unfortunately, retaliation—such as termination or demotion—still occurs in some workplaces.
At Abramson Labor Group, we’re here to help you understand your rights and take action if you’re facing retaliation for making a safety complaint. This guide outlines your legal protections, how to recognize retaliation, and what steps you can take to hold your employer accountable.
Can My Employer Terminate Me for Making a Safety Complaint in California?
California workplaces are governed by strict safety standards to protect employees. If you’ve made a safety complaint about your workplace, you’re exercising a legally protected right. Under California law, employers are prohibited from retaliating against employees who report unsafe working conditions. Unfortunately, retaliation—such as termination or demotion—still occurs in some workplaces.
At Abramson Labor Group, we’re here to help you understand your rights and take action if you’re facing retaliation for making a safety complaint. This guide outlines your legal protections, how to recognize retaliation, and what steps you can take to hold your employer accountable.
Your Right to Report Unsafe Working Conditions
California’s Protections for Employees
California’s Occupational Safety and Health Act (Cal/OSHA) ensures that all employees work in safe and healthful environments. It gives employees the right to:
- Report workplace safety violations.
- Refuse to perform work that poses a serious risk to health or safety.
- File complaints with Cal/OSHA without fear of retaliation.
Federal Protections Under OSHA
The federal Occupational Safety and Health Act (OSHA) also protects employees from retaliation for reporting unsafe conditions or participating in investigations of workplace safety violations.
What Constitutes Retaliation?
Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity, such as making a safety complaint. Common forms of retaliation include:
- Termination or wrongful dismissal.
- Demotions or pay reductions.
- Harassment or creating a hostile work environment.
- Unjustified negative performance reviews.
- Exclusion from promotions, training, or other opportunities.
If you suspect that your employer took adverse action because of your safety complaint, you may have a retaliation claim.
Can My Employer Terminate Me for Making a Safety Complaint?
No, they cannot legally terminate you for reporting safety concerns.
Retaliation for reporting unsafe working conditions is explicitly prohibited under both state and federal law. If your employer fires you, demotes you, or otherwise penalizes you because you made a safety complaint, they are breaking the law.
Steps to Take if You Face Retaliation for a Safety Complaint
1. Document the Retaliation
Keep a detailed record of any adverse actions taken against you, including:
- Dates, times, and descriptions of incidents.
- Copies of emails, performance reviews, or other communications.
- Witness statements from coworkers who observed the retaliation.
2. File a Complaint with Cal/OSHA
You can file a retaliation complaint with Cal/OSHA within one year of the retaliatory action. Cal/OSHA will investigate your claim and may take action against your employer.
3. Seek Legal Advice
Retaliation claims can be legally complex. Consulting with an experienced employment attorney ensures your rights are protected and strengthens your case. At Abramson Labor Group, we can guide you through the process and fight for the justice you deserve.
How to Prove Retaliation
To succeed in a retaliation claim, you must prove the following:
- Protected Activity: You engaged in a protected activity, such as making a safety complaint or filing a Cal/OSHA report.
- Adverse Action: Your employer took a negative action against you, such as firing or demoting you.
- Causal Connection: The adverse action was directly related to your protected activity. Evidence such as timing (e.g., being fired shortly after your complaint) can help establish this connection.