Do discrimination laws in regards to whistleblowing apply when I file a BBB complaint?

Reply Tue 8 Dec, 2009 11:33 am
My contract was terminated after I told my company I filed a BBB complaint against them, am I protected by law?
Reply Tue 8 Dec, 2009 11:35 am
why would you have told them in the first place, let them find out, then deny, deny, deny
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Reply Tue 8 Dec, 2009 11:56 am
You might be protected by the law depending on the nature of the Better Business Bureau complaint. Were you reporting an illegal activity or a discrepancy on a mere moral/lesser degree?

If it was an issue of illegal acts or worker safety, then why would you go to the BBB rather then a real law enforcement agency which would have given you a higher standard of legal protection?

To help ensure that employees are, in fact, free to participate in safety and health activities, Section 11(c) of the Act prohibits any person from discharging or in any manner retaliating against any employee because the employee has exercised rights under the Act.

These rights include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection, and participating or testifying in any proceeding related to an OSHA inspection.

OSHA also administers the whistleblowing provisions of sixteen other statutes, protecting employees who report violations of various trucking, airline, nuclear power, pipeline, environmental, rail, consumer product and securities laws.

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Diest TKO
Reply Tue 8 Dec, 2009 12:27 pm
Find out what protections your ex-company had (if any) against retaliation and then look at your state's retaliation law.

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Reply Tue 8 Dec, 2009 12:45 pm
I am not a lawyer. But when I look at Wikipedia's article on whistleblowers, your protection depends on a lot of things, including --

  • the nature of your employer (federal government, state government, or private),
  • the state you're living in,
  • the nature of your complaint, and
  • the nature of the agency you're complaining to. (Occumpational Safety and Health Administration, National Labor Relations Board, Equal Employment Opportunity Commission, etc .... I see nothing in there about the BBB.)

As to the statutes you may or may not be protected under, key phrases that frequently jump out of the page include "patchwork" and "it depends on the state you're living in". To sum it up: Get a lawyer, and get her quick! Your time to complain may be running out.
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