It is illegal under state and federal law for your employer to retaliate against you for complaining about or reporting unsafe working conditions, such as a lack of necessary personal protective equipment or failure to implement social distancing protocols. If your employer has terminated you or otherwise retaliated against you for raising COVID-related safety concerns, you may be entitled to legal remedies.

The federal Occupational Safety and Health Act prohibits employers from retaliating against employees for:

·       filing a safety or health complaint with the Occupational Safety and Health Administration (“OSHA”),

·       raising a health or safety concern with their employers,

·       participating in an OSHA inspection, or

·       reporting a work-related injury or illness.

Under the OSH Act, you can file a complaint with OSHA but you cannot file a lawsuit in court to enforce your rights.

New York state law also prohibits employers from retaliating against an employee for disclosing or threatening to disclose a violation of any law, rule, or regulation that creates “a substantial and specific danger to the public health or safety.” Unlike the federal OSH Act, you can bring a lawsuit in court to enforce your rights under the New York state law.

If you feel your rights have been violated, contact us to speak to an experienced attorney.