Q: If past employees make a public statement about unsafe work conditions and sign it together could the employer sue us?
Issues with no breaks, injuries not being paid for, asking for injuries to be paid out of pocket instead of through workman's comp, removing fire alarms. Or is it safer to do an anonymous statement to avoid being sued. We just want to inform/protect future and current staff of the employers activities.
A: If they are factually true statements, yes.
A:
A far more effective way to deal with issues like this is to report the company to OSHA regarding workplace safety issues, and locate and consult with an employment law attorney about the wage and hour violations. Simply making some kind of public statement likely results in noting and opens you up to even false claims of defamation or trade libel. If made in a publicly filed lawsuit, the statements would be privileged.
Good luck to you.
Brad S Kane agrees with this answer
A:
THIS SOUNDS COMPLICATED ENOUGH THAT I WOULD NOT TRUST THAT A LAWYER WILL BE ABLE TO GIVE YOU SOUND LEGAL ADVICE WITHOUT GETTING MORE FACTS.
CONTACT A LOCAL LABOR LAW ATTORNEY TO SET UP A CONSULTATION.
YOU WILL PROBABLY CONTACT OSHA, BUT GET ADVICE FROM A LABOR LAW ATTORNEY FIRST.
A: You should hire a lawyer who can file a lawsuit. The lawsuit a public record and anyone can see it. As long as everything you are alleging is the truth you shouldn't be concerned. But make sure you get the advice from an attorney that you talk to when going over all the facts.
Brad S Kane agrees with this answer
A:
Your best options are: (i) file a complaint with the Labor Commissioner and Cal-OSHA; and/or (ii) file a lawsuit to recover for the missed breaks, worker's comp evasion and unsafe conditions.
Your actions seeking redress from the government and/or filing a lawsuit in court are have extra legal protection under the 1st amendment.
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