Whistleblower Lawsuit – Company Must Pay Worker Nearly $15K

An administrative law judge (ALJ) upheld an OSHA finding that an employer in Houston illegally fired a worker who exercised his rights under the federal Whistleblower Protection Program – and ordered the company to pay $14,945 in back pay, interest and compensatory damages.

This case provides yet another example of how managers’ mistakes can be very expensive for employers.

Driver allegedly ordered to violate DOT reg

A truck driver for Crane Masters Inc. said he was given a driving assignment that would put him over the Department of Transportation (DOT) hours-of-service regulation for commercial motor vehicle drivers.

The driver said he told his supervisor that he couldn’t take the assignment because he had worked 19 hours the previous day and had not gotten the legally required amount of time off before returning to work. To this, the supervisor allegedly responded that he could “hit the gate” if he didn’t take the assignment.

The driver said he didn’t take the assignment and was fired that afternoon.  

The driver then filed an online whistleblower complaint and found another job.

OSHA investigates whistleblower lawsuit

An OSHA investigation found the driver notified the employer that it would be unsafe for him to operate a commercial vehicle as he hadn’t had the appropriate amount of time off between shifts. OSHA also found the company responded by terminating the driver’s employment.

In OSHA’s view, the alleged conduct amounted to a violation of the Whistleblower Protection Program, which protects workers from retaliation for under an applicable law.

Applicable here, the Surface Transportation Assistance Act prevents employers from retaliating against an employee who refuses to drive a commercial vehicle because the operation of the vehicle would violate a safety regulation of the vehicle.

As a result, OSHA sided with the truck driver and ordered the company to provide relief.

The company challenged OSHA’s finding, and an ALJ heard the case.

Judge backs OSHA’s call

The ALJ upheld OSHA’s finding. Importantly, the ALJ said the preponderance of the evidence showed that the driver had worked “19 hours straight on June 4.”

And according to the DOT regulation, the driver “should have been off duty for 10 consecutive hours before driving again,” the ALJ explained. Thus, taking the assignment would’ve been a violation of the reg.

The ALJ also rejected the employer’s argument that the driver voluntarily quit. In light of the evidence showing the truck driver’s recent 19-hour shift, the ALJ found the driver’s testimony was more credible than the supervisor’s testimony.

But even if the driver had quit, then his “resignation was effectively a constructive discharge,” the ALJ determined, noting that the evidence showed the supervisor gave the driver “no viable choice: either [he] could continue to violate the hours-of service rules … or he could ‘hit the gate,’ i.e. he could be fired.”

Upholding OSHA’s finding, the ALJ ordered the employer to:

• pay the driver $14,945 in back pay, interest and compensatory damages
• expunge the driver’s employment record, and
• post a notice to employees about whistleblower protections.

“Congress enacted the world’s first whistleblower protections in 1778 to ensure that people who come forward to report illegal behaviors or actions don’t suffer for doing what’s right,” OSHA Regional Administrator Eric S. Harbin in Dallas. “In this case, Crane Masters Inc. was held accountable for retaliating against an employee who acted responsibly by raising their concerns about endangering themselves and others by operating a commercial vehicle without sufficient rest.”

“Once again, the Department of Labor has vigorously enforced the rights of employees who report safety or regulatory violations,” said Regional Solicitor John Rainwater. “Whistleblower rights are crucial to the safety of employees and the public at-large. A federal judge upheld the department’s contention that Crane Masters wrongly retaliated against a hard-working employee for doing what’s right.”

Info: Federal Judge Upholds DOL Order for Crane Company to Pay Truck Driver Terminated for Refusing to Violate Federal Safety Rules, 6/4/24.