can my empoyer get away with this? what should i do?

it started over a few months ago when i filed a osha compailnt anomynously about several safety violations.
after they contacted him, he then fixed some but not all of them. i then discovered some more violations that i found were hazardous to mine and my co workers health. so i first went to my employer to tell him i would appreciate them being fixed. he said he would and never did. i brought it to his attention again told him i would have to file a complaint if he did not. he said he was on top of it. all of a sudden a few weeks later he cam to me and said that there was no place for me here anymore and he was going to have to let me go. i was fine with this, but when i tried filing unemployment he appealed saying that he did not fire me and that i quit. if i was the only employee present at the time, how can i prove that i was really fired? what should i do?

3 answers  |  asked Apr 13, 2010 4:59 PM [EST]  |  applies to Illinois

Answers (3)

Ryan Nalley
You might want to start with any evidence that the hazards actually exist or existed. I you can get evidence of that, you bring credibility to your side while discrediting your employer in the process. Also, get a copy of your anonymous complaint to OSHA that shows you were concerned about these matters, and would have likely complained or at least inquired about them. Plus your employer, I assume, has no evidence that you quit.

posted by Ryan Nalley  |  May 20, 2010 8:35 PM [EST]
Ryan Nalley
You also may have a cause of action under the Illinois Whistle Blower Act, as well as a common law retaliatory discharge action, as this is clearly against public policy.

But first you need to hire an experienced lawyer to prepare for and represent you at the appeal hearing for your benefits.

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posted by Ryan Nalley  |  May 20, 2010 8:25 PM [EST]
John Otto
Two things. File a complaint with OSHA for retaliation. Get a lawyer to represent you in the unemployment hearing. You can win that hearing, but only if you're represented by someone who knows what they're doing.

posted by John Otto  |  Apr 13, 2010 5:34 PM [EST]

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