Search Site

Whistleblowers Now Have More Time to File Whistleblower Claims through NLRB

Under the whistleblower provisions of the Occupational Health and Safety Administration (OSHA), employees typically only have 30 days to file a complaint about employer retaliation. However, OSHA has now reached an agreement with the National Labor Relations Board (NLRB) that will allow OSHA to refer untimely claims to the NLRB’s whistleblower division for its own review. This will give employees a full six months to file their complaints about unfair practices in their company. 

This is great news for potential whistleblowers, as the 30-day time limit was often too short for employees who are still usually just trying to process what has happened after their wrongful termination. The extended time period gives these employees more time to gather facts and prepare a case against their former employer before officially filing a complaint and taking legal action. 

The OSH act forbids employers from discriminating against employees that report violations of safety, and gives employees the right to file complaints should employers retaliate after these reports. Additional rights are provided through the National Labor Relations Act, which prohibits employers from coercing or in any way restraining employees from exercising their rights of collective bargaining or protection. This new agreement will basically combine both of these rules. 

OSHA and the NLRB state that in a given year, anywhere between 300 and 600 whistleblower claims will be dismissed simply because they missed the 30-day OSHA deadline. Now, most of those claims will be able to be heard by the NLRB so that employees can receive justice if they were truly discriminated against in the workplace. 

For more information about this new partnership between OSHA and NLRB and how it could affect you and your potential case, speak to a team of Dallas whistleblower attorneys from Whistleblower Law for Managers.

Leave a Reply

Your email address will not be published. Required fields are marked *

Awards & Honors
Our Office
  • Dallas Office
    4514 Cole Ave
    Dallas, Texas 75205
    Phone: 214-306-8045
    Fax: 469-729-9926
As Seen In
In his new book, "Standing Up to China: How a Whistleblower Risked Everything for His Country," former client & Author, Ashley Yablon, quotes Attorney Steve Kardell about Whistelblower Law.
  • "Steve Kardell was terrific in representing me in some very adversarial discussions with Citigroup and also later represented me in my testimony before the Financial Crisis Inquiry Commission."  -Richard Bowen, Citigroup Whistleblower

  • "Incredible knowledge of employee related concerns and equally brilliant knowledge of health care regulations, standards of practice. I would recommend this firm to anyone."  -V.B.

  • "Reaching out to Steve Kardell was the best decision I made. His ability to provide immediate insight and direction was very powerful, and a huge relief during a very stressful time period. For anyone struggling with a whistleblower situation, I would highly recommend at least speaking with Steve. After a 10 minute call with him, I had a better understanding of what I was dealing with. Even better, he gave me some immediate hope. In the end Steve did a better job than I thought was possible. Steve was able to get in contact with people in my organization, that I didn’t have access to. Because of his years of experience, he already has contacts in many organizations in Dallas. The entire situation was handled peacefully. I was impressed by his ability to “keep the peace”–rather than creating a battle with the organization. The reason I didn’t reach out to a lawyer initially, was because I thought it would mean an immediate end to any hope of a positive relationship with the company. Steve was able to address my concerns, and in the end I was able to continue to work for them."  -KS

  • "Never thought my career would end like it did after 30 years of service. I was part of the first round of the so called reduction of force. I asked myself how can I be part of this with 30 years of seniority. How did they pick these 90 plus employees? Now, the culture of this organization made you question every decision they made. It wasn’t what you knew it’s was a culture of who you know. Nonetheless, I did not accept their severance package. I immediately starting looking for an attorney who would take on my case. After the initial call to Steve I had hope again. He was open and honest about everything and reassured me he would do his best for me, and he did. I had an awesome outcome. Thanks Steve you’re the best."  -S.S.