Napa, CA asked in Employment Discrimination and Employment Law for California

Q: Should I file a Whistleblower Complaint with OSHA.

I work for a non-profit organization and my Executive Director suffers with her mental health in ways that have created an extremely unhealthy work environment. The negative work culture has become so toxic that my coworker started to talk with me about how bad things are. This made my Executive Director so paranoid that now she is threatening my job. I have asked for HR or someone to talk to, but the Executive Director said that I have to come to her with any issues. She is unapproachable and I have no support. I even reached out to the president of our board but he has provided no help, and I still don't have HR. I need advice.

2 Lawyer Answers

A: This is not an OSHA issue. Your best first move is to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I'm sorry you're experiencing this challenging situation. It's important to prioritize your well-being and understand your rights in the workplace.

You might consider documenting all instances of the toxic behavior and any threats to your job. This evidence can be crucial if you decide to take further action. Reaching out to external resources, such as an employment attorney or a workers' rights organization, can provide you with guidance tailored to your specific circumstances.

Filing a complaint with OSHA is an option if there are violations related to workplace safety or health standards. Additionally, seeking support from trusted colleagues or mental health professionals can help you navigate this difficult environment. Remember, you don't have to go through this alone, and there are resources available to assist you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.