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## Concerns over Health Code Violations at New Job

I have recently started a new job, and within my two months there, I have noticed several health code violations. The most severe violation involves the storage of ready-to-eat food items completely uncovered, exposing them to multiple contaminants. Despite my consistent efforts to address the issue by requesting a cover for the food, I have been met with conflicting responses from management. I have been told that a cover is on the way, only to later be informed that we are not getting one at all.

## Lack of Response from Management

My attempts to resolve the issue have been met with resistance, with my manager expressing annoyance at my persistent inquiries about the cover. In a recent conversation with my manager, I mentioned the possibility of contacting the health department if the issue was not addressed promptly. In response, my manager warned me that reporting the violation could lead to termination.

## Legal Implications of Reporting Health Code Violations

I am now concerned about the potential repercussions of reporting the health code violation to the authorities. Can my employer legally terminate my employment for raising a legitimate health concern? While I have not yet taken action to contact the health department, I want to be prepared in case my manager escalates the situation to upper management.

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9 Comments

  • yectb

    Is it legal? No. Can they fire you? Yes. Do you have recourse if they do? Possibly.
    If it were me, I’d report the events anyway. If someone gets sick from contaminated food, it could be anywhere from inconvenient to deadly. If I were retaliated against after, I’d report that as well before filing for UI.

  • SM_Lion_El

    No, an employer cannot legally fire you for reporting safety or health concerns in any workplace. Period. This is covered by whistleblower protections put in place by the department of labor. They cannot retaliate against you in any way for reporting these concerns.

  • tomrlutong

    Make a written note now describing the conversation with your boss we’re he said you’d get fired for reporting health code violations.

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  • fubo

    Depends on the state.

    In California, it’s flatly illegal for a workplace to retaliate against an employee who reports a violation of a law or regulation. [California Labor Code §1102.5](https://codes.findlaw.com/ca/labor-code/lab-sect-1102-5/)

    In Texas, there is no such protection.

  • trsmith83

    What state are you in?

    Many states have whistleblower laws to protect you from this sort of retaliation. In fact, the manager tell you that you’d get fired could be considered a threat of retaliation and illegal itself.

    There’s also a federal whistleblower law for food safety but that only applies if you report to the employer, the state attorney general or the federal government.

    Whatever the case, the employer might try to retaliate anyway. Nearly all states allow employers to fire employees for any reason that’s not otherwise illegal (or no reason at all), so they might try to say it’s for some other reason, or no reason.

    So if you do want to report it, I’d advise documenting everything as much as possible to try to protect yourself.

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  • Lower-Elk8395

    No, it isn’t legal for them to fire you over that…

    But the thing is, that doesn’t need to be the reason. If they find out it was you, they can look for reasons to fire you, and depending on the state you are in it could be for something as simple as “I don’t like your shirt”.

    I will be honest…you probably should not have stated to the manager that you were thinking of doing that. Might have been a better idea to just anonymously report them and deny that you ever did…just saying that to your manager might have consequences later on down the line.

  • [deleted]

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