No, what you are describing is not legal, and is called workplace retaliation. Legally speaking, workplace retaliation occurs if an employer punishes an employee for engaging in a legally protected activity. Reporting your boss for violating safety codes is a legally protected activity in which you have the right to engage.
Retaliation includes not only being fired, but also any negative job action, such as salary or benefit cuts, job or shift changes, demotions, and disciplinary actions. Employers cannot legally retaliate against employees who report their employers’ violations of federal, state, or local laws.
It can be difficult to tell if an employer is retaliating against you. By law, to tell if retaliation has occurred in the workplace, you must look at all the surrounding circumstances of the situation. If an employer is rude to you because you spoke out, that alone is probably not considered retaliation. However, if an employer demotes you or fires you because of your complaints, that is considered retaliation. If an employer’s adverse actions would prevent a reasonable person in a situation from making a complaint, the action could be considered illegal retaliation.
If you believe that you have been the victim of workplace retaliation after making a complaint, there are some steps you should take. Talk to your supervisor or to the human resources manager – there may be another, legitimate reason for the actions taken against you. However, if there is no good explanation and you believe that you were retaliated against, you should speak to an attorney. If you are in the Los Angeles area, call me, Conal Doyle, Los Angeles employment law attorney at 310-385-0567. Call today to learn more or to schedule a free consultation.