SafetyQuestion 365 of 690

An employee files a safety complaint with Cal/OSHA. The employer then fires the employee because of the complaint. This action is:

a.Permitted, since employers may dismiss at-will employees for any reason
b.Permitted if the complaint was later found to be unsubstantiated
c.Permitted as long as the employee was given two weeks' notice
d.Unlawful retaliation, which is prohibited by California law

Explanation

Labor Code §6310 prohibits an employer from discharging or discriminating against an employee for filing a safety complaint or otherwise exercising rights under occupational safety laws. Such retaliation is unlawful.

Law Reference: Labor Code §6310

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