OSHA Retaliation Claims Defense Lawyers in Texas
Helping Employers Prevent & Defend Against OSHA Citations
If an employee makes a complaint about workplace safety, the employer is prohibited from retaliating against that employee. The law is intended to promote workplace safety by protecting employees' ability to raise safety concerns, and the Occupational Safety and Health Administration (OSHA) takes claims of retaliation seriously.
However, our firm knows one vital fact: Not every allegation of retaliation is valid.
Often, nonperforming employees will allege retaliation just to protect themselves from their own improper action. We help employers defend themselves against inaccurate claims that they retaliated against workers.
At Hendershot, Cowart & Hisey, P.C., our lawyers serve the needs of businesses in Houston and throughout Texas. We help employers prevent and deal with OSHA claims, including allegations of retaliation.
OSHA Protects Workplace Safety Whistleblowers
The best way to defend against a retaliation claim is to document all actions against employees who complain about workplace safety. Per OSHA, retaliation against a worker who reports safety concerns includes:
- Firing or laying off the worker
- Demoting, blacklisting, or disciplining the worker
- Reducing pay or denying benefits
Workers who believe they have been subject to retaliation for raising concerns about workplace safety can file a claim with OSHA, which must investigate the claim. For employers, these claims are complicated because there are many reasons to change a worker's job. Workers may say they're victims of retaliation, but employers often take actions regarding a worker's employment status for reasons completely unrelated to retaliation.
Protecting Texas Employers from Retaliation Complaints
Retaliation claims can be damaging for employers, which is why it is important to take steps to reduce the chances of a successful retaliation claim and to work with an experienced OSHA attorney if an employer suspects a retaliation claim could be filed.
Employers can protect themselves by:
- Creating and promoting safety rules.
- Workers should know their rights to a safe workplace and be regularly assured that they will not be subject to retaliation if they report unsafe work environments or dangerous conditions.
- Keeping a comprehensive personnel file.
- If an employee violates an OSHA rule, safety protocol, or workplace rule, document the violation and take witness statements. Keep evidence and documentation of the reasons your business took actions.
We Defend Employers' Interests
Our OSHA defense law firm helps businesses reduce the risk of claims of retaliation and defends employers' interests when employees claim retaliatory acts. With more than 25 years of experience, we understand real-life issues that employers contend with and complex and frequently-changing OSHA laws and regulations.
This positions us to create strong legal solutions for your needs. To learn how our business can help you deal with claims of retaliation, contact us today. Call (713) 489-2028. You may also contact us online by filling out a short, simple form.
We maintain offices in Houston and three other cities. Our offices in Corpus Christi, Austin, Galveston and Sugar Land are available by appointment only.