QUESTION

Can I file a lawsuit against the occupational safety and health administration?

Asked on Jun 21st, 2014 on Labor and Employment - Michigan
More details to this question:
I was hurt on the job due to a safety issue and reported it to the occupational safety and health administration. They did an inspection and in my report I asked for my identity to be protected from the company. Due to a mistake, occupational safety and health administration sent the company a copy of my complaint therefore outing me to the company. The company posted a copy of the complaint all over the work place for everyone to see. I received all kinds of harassment and the work place became a hostile work environment then I lost my job. I was called a snitch etc. and received threats.
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2 ANSWERS

I do not know the answer to your question. You should speak with an attorney experienced in suing the USA. Often, governments are exempt from such suits under something known as sovereign immunity The United States as a sovereign is immune from suit unless it unequivocally consents to being sued. There are exceptions, especially the Federal Tort Claims Act. In the United States, the federal government has sovereign immunity and may not be sued unless it has waived its immunity or consented to suit. The United States has waived sovereign immunity to a limited extent, mainly through the Federal Tort Claims Act, which waives the immunity if a tortious act of a federal employee causes damage, and the Tucker Act, which waives the immunity over claims arising out of contracts to which the federal government is a party. The United States Supreme Court in Price v. United States observed: "It is an axiom of our jurisprudence. The government is not liable to suit unless it consents thereto, and its liability in suit cannot be extended beyond the plain language of the statute authorizing it."
Answered on Jul 04th, 2014 at 11:55 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You may have some potential causes of action, not necessarily against OSHA, but perhaps against your former employer due to the hostile work environment and losing your job.
Answered on Jun 25th, 2014 at 12:30 PM

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