Takeaway: Employers should carefully examine and be sure to document their practices when faced with allegations of safety violations and related whistleblower complaints.
The federal Surface Transportation Assistance Act (STAA) prohibits the retaliatory discharge of an employee who files a complaint or initiates a proceeding concerning a violation of a commercial motor vehicle safety or security regulation, the 4th U.S. Circuit Court of Appeals decided. The 4th Circuit affirmed the decision and order (D&O) by the Occupational Safety and Health Administration (OSHA) Administrative Review Board (ARB).
The ARB found that a former employee engaged in protected activity under the STAA, that this activity contributed to his termination and that the employer failed to prove the plaintiff would have been terminated absent his protected conduct. The plaintiff was awarded backpay and damages totaling approximately $113,000.
The plaintiff was employed by Greatwide Dedicated Transport II as a commercial truck driver. In March and April 2012, the plaintiff alleged to management certain violations of regulations proscribing the maximum driving time for drivers.
In May, the plaintiff was assigned to deliver two trailers filled with merchandise to stores in New York City and Paramus, N.J. The plaintiff said he left one trailer in Manhattan, secured it and parked a dolly in front of it to prevent theft. The plaintiff said he later took both trailers to New Jersey. He said that in the...
Professional rivalry and office politics were the driving forces behind the "false" sexual harassment and conversion allegations levelled against Tata Consulting Services (TCS) employee Raza Rafiq...