You generally cannot be legally fired for refusing to work in unsafe conditions. Under federal law, employees have the right to a safe workplace. If your working conditions put your health or life at risk, you have the right to speak up and walk away if the danger is serious enough.
If your employer punishes or fires you for protecting your safety, our OSHA workplace health and safety claims lawyer in Boston will help you understand your rights, file a claim on your behalf, and take legal action. You can learn more about your next steps during a free consultation with our team.
What Counts as Unsafe Working Conditions at the Job?
Unsafe working conditions may include:
- Broken safety equipment
- Exposure to harmful chemicals or substances
- Dangerous machinery without proper safeguards
- No access to protective gear like gloves, masks, or helmets
- Repeated verbal or physical abuse
- Lack of basic protections such as proper ventilation, lighting, or emergency exits
If you believe your health or life is in danger, you can refuse to work. However, the risks at your workplace must meet the legal definition of a serious hazard.
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How Our Lawyer Will Help You Fight a Wrongful Firing
If you were fired for refusing to work in unsafe conditions, an experienced lawyer on our team will:
- Evaluate your claim: We will tell you if your situation meets the legal standard for wrongful termination.
- Gather the evidence: We will collect emails, texts, witness statements, safety complaints, and other records that support your wrongful termination case.
- File complaints: We will guide you through filing a workplace complaint with the Attorney General’s Office in Massachusetts or OSHA and handle the legal process.
- Pursue damages: You may be able to recover lost income, job reinstatement, or other forms of recovery.
Our lawyers will stand up for your rights and push back against employers who break the law.
Signs You May Have a Valid Claim if Work Conditions Aren’t Safe
Are you unsure if what happened to you counts as wrongful termination or retaliation? These signs may mean you have a strong legal claim:
- You reported unsafe conditions to a supervisor, HR, or OSHA and were fired or demoted soon after.
- You refused a task because it was clearly dangerous, and you were not given proper safety gear.
- Your employer ignored your safety complaint and then punished you.
- You were told not to report a safety issue—and then faced consequences for speaking up.
- Other workers who raised similar concerns were also treated unfairly.
- You were fired without warning after reporting something serious or refusing unsafe work.
If any of these apply to you, it’s worth speaking with our Boston wrongful termination lawyer right away.
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What the Law Says About Your Federal Rights
The Occupational Safety and Health Act (OSHA) protects workers from unsafe conditions. It gives you the right to:
- Ask your employer to correct a dangerous situation.
- File a complaint with OSHA.
- Refuse dangerous work if the risk is immediate and there’s no other way to stay safe.
Under OSHA Section 11(c), it’s illegal for an employer to retaliate against you for asserting your rights under this law.
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State-Specific Considerations in New England
In Massachusetts and other New England states, federal and state laws protect workers when it comes to unsafe working conditions. While OSHA is the main federal law, Massachusetts also recognizes wrongful termination claims based on public policy.
You cannot be fired for refusing to do something that goes against the law or puts your safety at serious risk. Massachusetts also has whistleblower laws that may protect public employees and certain private workers who report unsafe or illegal conduct.
If you’re in another New England state, the laws may be slightly different. However, most of them provide added protections for workers who speak up about dangerous conditions. Massachusetts courts have ruled in favor of workers who were fired for doing the right thing.
What Is and Isn’t Enforceable After You’re Fired From a Job
If you were fired for refusing unsafe work, the firing might not be legal. Here’s what to keep in mind:
- At–will employment still has limits: Even in at-will states like Massachusetts, an employer cannot fire you for a reason that violates public policy or federal law.
- You don’t need to prove the danger was certain: The risk just needs to be serious and immediate.
- Written policies can’t override the law: A company handbook or contract doesn’t give your employer the right to break federal safety rules.
- Waivers aren’t valid: You can’t “agree” to unsafe conditions in a way that strips you of legal protection.
You Have a Short Time to Act if You Were Unfairly Fired
If you’ve been fired or punished for refusing unsafe work, you must take legal action by the deadline:
- OSHA complaints: You must file a retaliation complaint with OSHA within 30 days of the punishment (such as being fired or demoted).
- State discrimination or retaliation claims: In Massachusetts and many other states, you may have 180 to 300 days to file a claim with a state agency, like the Massachusetts Commission Against Discrimination (MCAD).
- Lawsuits: If your claim qualifies for a lawsuit, you may have a few years to file, but acting quickly gives you the best chance of success.
Because these deadlines come fast, you must talk to a lawyer from our team as soon as possible. Waiting too long could mean losing your right to take action.
What to Do if You’re Fired for Refusing to Work in an Unsafe Environment
If you lose your job after refusing to work in a hazardous setting, here are some steps to take right away:
- Write everything down: Document what happened and when, including who was involved.
- Save evidence: Keep emails, text messages, photos, and any reports you made.
- Report to OSHA: File a complaint promptly. You only have 30 days to report retaliation under OSHA.
- Talk to a lawyer: We will guide you through the next steps and handle your case.
Fired for Refusing Unsafe Work? Speak With Our Wrongful Termination Lawyer Today
If you’ve been fired or punished for refusing to work in unsafe conditions, the attorneys at Duddy, Goodwin & Pollard are ready to help. Our team fights for workers—not big corporations—and we hold employers accountable when they break the law.
We represent clients across New England in wrongful termination and workplace retaliation cases and don’t charge any legal fees unless we win your case. You deserve to be safe at work and to speak up without fear of losing your job.
Call us today for a free, private consultation.
Call or text (860) 999-9394 or complete a Free Case Evaluation form