What Happens When Filing Whistleblower Complaint

What happens when an employee files an 11(c)-whistleblower complaint?

1. An OSHA investigator will interview you. They will write a statement based on your testimony and ask you to sign it.
2. The investigator will write a letter that informs your employer that OSHA is investigating a formal 11(c) complaint. The investigator often delivers this letter by hand.
3. The investigator will interview your employer. If your employer claims you were fired or otherwise punished for a reason other than what you claim, the investigator will ask for documentation to prove this.
4. After completing the investigation, the employer will meet with you again. If there is not enough evidence to pursue your complaint, OSHA will close the case. You will receive a letter stating why. You have 15 days to appeal this decision.
5. If OSHA decides you were retaliated against, it is possible they will begin settlement negotiation immediately.

If OSHA and your employer reach an agreement and you find the terms acceptable, then OSHA will close the case. However, it's possible that you will be unhappy with the negotiations. OSHA may continue to negotiate on your behalf but has the right to settle the case unilaterally, without your agreement. This might be the case if both OSHA and your employer accept the negotiation, but you do not.

OSHA's policy is to "make the victim whole," which could include seeking compensation for time benefits, wages, and leave time (including interest). It could also seek punitive damages, although it rarely does.

If OSHA determines that you have a legitimate court case and it cannot reach a settlement with your employer, it will send the case to U.S. Labor Department prosecutors. The Labor Department will probably request further investigations and negotiations; it could also sue your employer in court in order to have a judge determine a settlement price for you.

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