STAYING CLEAR OF WHISTLEBLOWER PROTECTION PROBLEMS IN YOUR BUSINESS

OSHA is becoming very active in the day to day operations of a business, especially in the enforcement of employees’ rights. An area that is surfacing in the business is OSHA’s enforcement of the whistleblower statute. It may not be well-known, but OSHA oversees whistleblower protection investigations not only for its own jurisdiction, but for 12 other regulatory areas.

If an employee in a practice reports a violation of Federal law (OSHA, Labor, etc.), the employee report and the violation of federal law (e.g., an OSHA complaint) is protected from retaliation by the business owner. An innocent personnel action taken by a business owner may be seen as a whistleblower retaliation by OSHA.

The following actions by a practice owner may be considered retaliatory action, and be a violation of Federal law:

❒ Firing or laying off an employee

❒ Assigning employee to undesirable shifts

❒ Blacklisting the employeedocumentation

❒ Demoting the employee

❒ Denying the overtime or promotion to the employee

❒ Disciplining the employee

❒ Denial of benefits to the employee

❒ Intimidation by the practice owner

❒ Reassigning work to the employee

❒ Reducing pay or hours of the employee

It is strongly recommended that before any personnel matters are handled by a business owner or office manager, it is always prudent to seek professional guidance in order to avoid violation of state or federal law.

 
Stuart J. Oberman, Esq. handles a wide range of legal issues for businesses including transitions and sales, real estate transactions, lease agreements, employment law and entity formation.

For questions or comments regarding this article please call (770) 554-1400 or visit www.obermanlaw.com

If you would like Stuart J. Oberman, Esq. to speak at an event, please contact Katharine Drum, Marketing Coordinator (kath@obermanlaw.com).

What Every Business Owner Should Know About the Termination of Employees

Unfortunately, employee termination is often a necessary part of running a successful business. Recent statistics show that the federal government collected $350,000,000.00 in fines in one calendar year for employment law violations and that the average settlement payment to a disgruntled employee in a wrongful termination suit was $25,000.00.
Business owners should familiarize themselves with the applicable laws and consult an attorney prior to any employee termination. This will reduce exposure to time consuming and costly litigation and allow business owners to continue doing what they do best: running and managing their business.

Generally, employees without an employment contract are considered at will. Employees at will can be fired by an employer at any time, for any reason or for no reason at all with no resulting liability. Conversely, these “at will” employees are free to end their employment at any time and for any reason.
To prevent subjecting yourself and your business to litigation regarding an employee termination, it is crucial that employers accurately and objectively document each employees performance issue that arises in the course of the employment. Employers should keep a personnel file on every employee and maintain documents concerning employee issues, problems, and discipline.
The failure to property document employee issues, problems, and discipline may subject the owner of a business to unexpected liability.

 

 

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Stuart J. Oberman, Esq. handles a wide range of legal issues for the business community including business transitions, sales, real estate transactions, lease agreements, employment law and entity formation.
For questions or comments regarding this article please call (770) 554-1400 or visit  www.obermanlaw.com
If you would like Stuart J. Oberman, Esq. to speak at an event to your organization, please contact Katharine Drum, Marketing Coordinator (kath@obermanlaw.com)