[CO] Can I file an OSHA whistleblower retaliation claim after being fired shortly after reporting workplace safety hazards?

I need an employment attorney.

I was fired from my company. I was a W2 contracted employee for a laboratory employer. My recruiting agency was a staffing firm. I expressed there were safety issues with an acid containment/disposal container and I was fired two weeks later.

I spoke with them. My next step is an OSHA complaint.

No.

Hello. I just got terminated from my job (W2 contract work, recruiting agency and employer are separate companies). I was at first confused on the reason. I was told by a representative that it was due to performance-related issues. That made me concerned since that could be an issue with unemployment, but there was no PIP or performance corrective plan put into place, so I knew I had a good chance of receiving unemployment but wanted some sort of paper trail showing that. I was told last night that there was nothing they could tell me other than that. I requested to be contacted today. We were able to set up a call. The manager contacted me and told me I was terminated due to an early expiration on my contract. I live in CO so it is an at-will state, so they can do this. But I was concerned since if I was fired due to a performance issue there would be a possible denial of coverage on my unemployment claim. I asked her why I was told otherwise the night before. She didn't answer the question and avoided it by going on a rant about understanding why I'm upset. I have this part recorded. Colorado is a single-party consent state for audio recording. Then when I requested some documentation she said that the staffing agency is my employer, not the lab company, and that she will be putting it down as project completed. Which again would be fine, but she wouldn't provide documentation of that. She said it doesn't exist, and when I pressed further she told me that the documentation is provided by the company if the unemployment office wants it. But I need a copy for my records in case the manager tries to deny my claim due to it being a performance issue. This feels like a catch-22.

Now, this isn't too big of an issue. I have an email I wrote up, very professional, that is my final request for documentation. I had another more prominent issue. I was working there for about 3 months. In that time I made multiple requests for protective supplies for acid maintenance. This was so bad there was a hole in the ceiling with small debris chunks falling down. I worked under a tenured employee with over 25 years of experience who indicated this issue has been going on for years. I brought it up to a manager not too long ago and the issue wasn't addressed. And now I am having my contract ended early due to "performance but not performance-based issues." I am going to fill out an online OSHA form. I think this employee will back it up if there were to be an audit.

But I really need some legal advice. I tried my best to provide all the information I can remember, but if you need any further info please let me know. I will get back to you within a couple of hours. Thank you.

Thank you for getting back to me. I really appreciate you taking the time. To answer your question: Unfortunately, I do not have written documentation or emails regarding my requests for protective supplies or safety concerns. All of my concerns were raised verbally, to my manager, to coworkers, and in casual conversations. That was the culture there; nothing was ever put in writing.

However, I do have: Text messages from the coworker who trained me confirming that the ceiling issue has been ongoing for years and is "always talked about," that my performance was fine, and that she was blindsided by my termination. I also have a recording of my call with the contracting agency manager where she gave shifting reasons for my termination, repeatedly asked about what safety concerns I had raised, and confirmed the staffing agency is my employer but refused to provide documentation. I also have physical evidence: I was burned by acid during my time there and have scars as a result of the lack of proper safety measures and the instruction to "just use water." Finally, I have my own testimony that I verbally raised concerns about acid fumes deteriorating the ceiling, lack of acid neutralizing solution, and being told to "just use water" for acid spills.

I understand written documentation would be stronger, but this is the reality of how things worked there. I am hoping this is still enough to move forward. Please let me know if you'd like to schedule a call to discuss further, or if there's any other information I can provide. Thank you again.

I wanted to follow up on my previous message with an important update. Yesterday, I filed a formal safety complaint with OSHA regarding the hazards I described, including acid fumes, ceiling deterioration, lack of neutralizing solution, the burn, and the instruction to "just use water." I filed it as a safety and health complaint rather than a whistleblower complaint, based on the guidance I received at the time. I now have an OSHA complaint number and a record that the hazards were reported to a federal agency. I wanted to make sure you had this information as you consider my case. Please let me know if you'd like to schedule a call to discuss further.

Please do.