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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32579
Experience:  Employment Law Expert
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How to close my OSHA case while leaving my charges open

Customer Question

How to close my OSHA case while leaving my charges open for my EEOC? Explain, withdraw without prejudice...
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

Are you talking about a lawsuit that has been filed or just a complaint filed with OSHA and another complaint filed with EEOC? If complaints, what are the basis of the two complaints?

Customer: replied 1 year ago.
I filed complaints with EEOC/OSHA because my xboss intercepted and stopped me from being hired with a new company who agreed to hire me months earlier. She said she had to speak with HR manager first.
I wasnt hired.
Osha gave me a "refusal to hire," offered backwages and maybe 3 months front pay.
But the EEOC retaliation is still ongoing with EPA, desperate impact, retaliation etc.
I want out of my OSHA complaint to pursue my EEOC complaint.
How do I accomplish that without damaging my EEOC case?
These are not law suits yet but just the start of my complant process.
No mediation is offed by OSHA. NO investigation to date. OSHA is trying to get me to settle for way less.
OSHA is FOR THE EMPLOYER not the employee.
HOW DO I GET OUT OF OSHA's complaint/CHARGE then take the new "refusal to hire" rataliation evidence to my EEOC case?
How is it said, "WITHDRAW WITHOUT PREJUDICE?"
Which leaves me able to charge through the EEOC?
Expert:  Dwayne B. replied 1 year ago.

I'm still a little confused, I apologize. Did you work for OSHA? If not, what was your complaint with OSHA?

Customer: replied 1 year ago.
No, I dont work for OSHA.
I filed charges with OSHA after filing EEOC because of safety issues with my former employer.I have pending charges against my former employer whose BM interfered in my hiring at another company who is now after I filed protected charges on them is refusing to hire me.How do I back out of my OSHA complaint and leave the charges open to pursue at the EEOC now that I have new evidence " refusal to hire" after filing protected activity on the new company?OSHA remedy is back pay and front pay while the EEOC remedies are compensatory, punitive and liquidated assets.What is the proper legal jargon to exit my OSHA charge at a federal labor agencies yet leave the charge open to pursue at the EEOC?I can't settle with OSHA then pursue EEOC retaliation. No double charge after settling.What is the correct legal jargon to say to close my OSHA charge, but without giving up right to pursue at EEOC charge..I fear OSHA agent, who is for the employer not the employee, will dismiss my charges in a way that will hinder my ability to pursue my EEOC charges.How does OSHA dismiss my charges? He will NOT tell me nothing. But the EEOC has lots of information. And is much employee friendly to the employee.I'm not calling you. I'm on wellfair. This is life threaten situation, as I'm disabled, due to no hire retaliation.If you cant answer my question please tell me how to remove my quetion before it closes.Thanks either way.
Expert:  Dwayne B. replied 1 year ago.

There is no connection between OSHA and EEOC and so the charges are completely separate. There shouldn't be any way that a dismissal of charges you file at one of the agencies would affect your complaint at the other agency since they involve completely different areas of the law and different theories. You can pursue them both you just can't make a double recovery as to damages.

You can just write OSHA a letter and tell them you no longer want to pursue your OSHA complaint but "reserve the right to pursue claims through any other state or federal agencies".

Customer: replied 1 year ago.
Correct me if I'm wrong.
Doesn't this say I can't withdraw a charge by a matter of law?
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=11343&p_table=STANDARDSThese charge are the same.
Retaliation backlisting. Enterfering with hiring and refusal to hire.
I filed 2 charges one on each company. But the OSHA agent put them together. Any thoughts on how to change that?
I filed dual/separate charges.The OSHA agent will not hold my former employer accountable evan though HR manager admit that they okayed my xboss for dual employment.I'm in deep fear that OSHA will hender my retaliation cases if I choose to close with them. By closing in a way which will formally ending my ability to charge at the EEOC. Regardless of my way or want.I clearly filed with the wrong agency.
Expert:  Dwayne B. replied 1 year ago.

No, it says it will not necessarily cause OSHA to stop the investigation. The choice is up to them.

There is no way to absolutely force them to drop it but I have never seen them pursue a case once an employee says they no longer want to pursue it and they have another case open with another agency.