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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37950
Experience:  Retired (mostly)
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if i was PROVOKED in calling my manager a smart ass because

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if i was PROVOKED in calling my manager a 'smart ass' because of a safety issue can they terminate me?
By filing the OSHA complaint you have immunized yourself from being terminated for making the complaint. Legally, insubordination towards a supervisor will permit a termination, regardless of the OSHA immunity. However, in this circumstance, I don't see how the employer would be able to separate your conduct from the safety issue, itself. In other words, if you are terminated, your response is to file a retaliation complaint. The employer would have to prove that you made the statement, that it was entirely independent of the safety complaint, and that the employer's termination was equally independent.

That would be pretty difficult to do, and the employer's risk of losing the action is high.

So, the answer is "yes," the employer can terminate you, assuming all of the above-described risks -- so I will be amazed if your termination actually occurs.

Note: This doesn't give you a blank check to disparage your supervisor. The further away that your conduct occurs from the complaint and safety issue, the greater your risk of termination.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


Customer: replied 5 years ago.
i was terminated on july 11th
Here is the retaliation complaint form.

Fill it out and mail to:

Division of Labor Standards Enforcement
Retaliation Complaint Investigation Unit
XXXXX, Ste. 100
Sacramento, CA 95825

If you need an employment rights lawyer to help you, then for a referral, see this link.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
the form you sent is blank i cant download it and i looked for it elsewhere and cant find it thanks
The link works for me.

Here is the url, if you want to cut and paste it into your browser address bar:

http://www.dir.ca.gov/dlse/DLSEForm205.pdf

Hope this helps.

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