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Ask Atlas · At will and wrongful termination

What limited federal protection may apply when an employee of a manufacturer, private labeler, distributor, or retailer objects to or refuses a task the employee reasonably believes violates a Consumer Product Safety Commission-enforced law or related rule?

United States — limited federal general information

Published · Reviewed by Ahmad Sulaiman

Federal law says that a manufacturer, private labeler, distributor, or retailer may not fire or otherwise discriminate against an employee because the employee objected to or refused an assigned task the employee reasonably believed violated the Consumer Product Safety Act, another law enforced by the Consumer Product Safety Commission, or a related order, rule, regulation, standard, or ban. [1] [2]

The rule has stated limits, including a limit for an employee who, without direction from the covered business or its agent, deliberately causes certain product-safety violations; it does not establish whether any particular employer, product, customer statement, or refusal fits those terms. [1] [2]

This narrow federal overview does not determine whether a termination was “wrongful” under state or local law or an employment contract or collective-bargaining agreement, and it does not calculate the separate federal 180-day complaint period. [1] [3]

Sources

[1] 15 U.S.C. 2087 Whistleblower protection

[2] 29 CFR 1983.102 Obligations and prohibited acts

[3] 29 CFR 1983.103 Filing of retaliation complaint