Retaliation Protection under the Public Employee Health and Safety Law

Overview

The law prohibits employers from discharging or discriminating against public employees because they have exercised their rights under the public employee safety and health law.

The law does not cover private sector employees. Private sector employees may wish to contact Occupation Safety and Health Administration regarding a complaint of safety and health

The complaint must be filed within 30 days after the employee received knowledge of the discrimination or discharge.

The Law

No public employer may discharge or otherwise discriminate against any public employee it employs because the public employee filed a request with the department, instituted or caused to be instituted any action or proceeding relating to occupational safety and health matters, testified or will testify in such a matter or reasonable refused to perform a task which represents a danger of serious injury or death or exercised any other right related to the law.

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