The time limit to get your Sarbanes-Oxley whistleblower complaint to OSHA is 180 calendar days from the date you first learned about management's final decision to impose the adverse action. For example, say the employer gives the employee a letter saying that the employee will be laid-off for economic reasons 120 days in the future. The employee believes the real reason is retaliation for reporting violations. That employee's complaint must be filed within 180 days of the notice, while the employee is still employed. If the employee waits until the discharge is completed, the employer can move to dismiss on grounds of untimeliness. If the employer's notice is equivocal, the employee may wait for a final decision from the employer. However, pursuing internal or union grievance proceedings does not make the decision equivocal. The 180 day time limit may be met by the postmark of the complaint, or by fax transmission. In counting the 180 day limit, if the 180th day falls on a Sunday, the complaint must be postmarked or filed by that Sunday. A complaint filed on Monday will be dismissed as untimely. Especially if you are close to the deadline, it is important to send the complaint using a method that allows you to prove that you made the complaint, such as sending the complaint via certified mail or with proof of mailing, or keeping a copy of the fax transmission report. While the OSHA website says that you may file a complaint by telephone, this is not advised, since the complaint then would not be made in writing. The legal doctrine of equitable tolling may also apply to extend the deadline. For example, if you were planning to file the complaint, but you were in the hospital on the 90th day, OSHA may accept your complaint if you file it promptly after getting out of the hospital. Also, if you made a good faith attempt to file on time, but you filed in the wrong place, you may be able to file in the right place if you do so with reasonable diligence. Equitable tolling does not benefit the worker who simply did not know what the law required until after the time limit was passed.