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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 113425
Experience:  20+ Years of Employment Law Experience
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Who represents the employee in the OSHA 11c investigation?

Customer Question

Who represents the employee in the OSHA 11c investigation? Is there someone within OSHA or their whistleblowing division that represents the employee? If so Who? Who do I ask for? Where do I file a formal complaint for bias above the investigators department
or a higher level of government for corruption?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

OSHA is responsible for investigating these claims and making a determination. OSHA has the option of representing the employee to obtain damages or the employee has the right to obtain a private attorney and file suit in civil court against the employer for the retaliation for them filing an OSHA complaint. You would first make your complaint with OSHA, then you can get a local employment discrimination attorney which is the type of attorney that handles whistleblower retaliation claims.

You file your complaint with OSHA through the US Department of Labor within 30 days of the action taken against you: https://www.osha.gov/whistleblower/WBComplaint.html

Customer: replied 1 year ago.
Wait. Wait, please...
I settled my OSHA 11c with a neutral referral but did not get it. My xboss refused to hire me at the next company who agreed to hire me before hiring her.
Can I still file a separte OSHA a retaliation?
Which do I sue agianst my xboss or employer?
The OSHA investigator refuse to except my evidence.
Both before and after settlement.
If OSHA refuses my case, are my attorney fees paid for and in which type of court? Civil is county or district level?
That OSHA investigator posted on his profile, HE REPRESENTS THE EMPLOYER, and I thought they were to be neutral?
Isn't there a state agency to file compaints on government abuse of power?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Yes, you can file a separate suit against the employer for violating the 11C agreement, as that agreement is a binding contract. You sue the employer who made the agreement for the neutral referral for breach of contract and for providing the false referral. It can be filed in the local civil court or in the US District Court, since this was a settlement in a federal law matter, both courts have concurrent jurisdiction to enforce the agreement and penalize the employer for not honoring the settlement agreement.

I am afraid there is no state agency that would handle this, you have to sue the employer.

As far as the OSHA investigator, you can file a complaint against the investigator with Department of Labor Office of Inspector General: https://www.oig.dol.gov/contact.htm

The OIG handles complaints against OSHA employees who have violated rules and OSHA is not supposed to represent anyone, they are supposed to be neutral and such a post would not be neutrality.