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Qui Tam Attorney
Employee Receives Court-Ordered Restitution
After Justified Whistleblowing Action
SYRACUSE, NY – A jury and judge ordered Albany-based asbestos abatement and demolition company Champagne Demolition, LLC and its owner, Joseph A. Champagne, to pay $173,793.84 to a former employee who was fired in June 2010 after reporting improper asbestos removal practices at a school worksite in Gloversville, New York.
The judgment supports a U.S. Department of Labor lawsuit that found Champagne Demolition, LLC violated the employee’s whistleblower rights. The company must pay $103,000 in back wages, $20,000 in compensatory, and $50,000 in punitive damages.
On June 10, 2010, the employee informed company management of the improper practices. The employee was fired the next day and subjected to verbal threats and legal action. A complaint was filed with the Department's Occupational Safety and Health Administration (OSHA), which opened a whistleblower investigation and found merit to the allegations. “We are pleased with the jury verdict and the judge’s ruling to hold this employer accountable for violating the employee’s rights,” said OSHA Regional Administrator Robert Kulick, in New York. “Every worker has the right to report potential safety and health hazards without fear of harassment, termination, or retaliation.”
“This jury verdict and the judge’s ruling on this case underscores the Labor Department’s commitment to ensuring that the law is followed and employees’ right to a healthy and safe workplace is maintained,” said Regional Solicitor of Labor Jeffrey S. Rogoff, in New York. OSHA enforces the whistleblower provisions of the Occupational Safety and Health Act and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, maritime, and securities laws.
Attorneys Allison Bowles, Amy Tai, and Darren Cohen of the regional Office of the Solicitor in New York litigated the case. The whistleblower inspection was conducted by OSHA’s regional Office of Whistleblower Protection Programs in New York. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education, and assistance. For more information, visit www.osha.gov.
OSHA revises its online whistleblower complaint form WASHINGTON – The Occupational Safety and Health Administration recently revised its online whistleblower complaint form to help users file a complaint with the appropriate agency. The form provides workers with another option for submitting retaliation complaints to the U.S. Department of Labor's OSHA. The updated form guides individuals as they file a complaint through the process, providing essential questions at the beginning so they can better understand and exercise their rights under relevant laws. One significant improvement to the system includes pop-up boxes with information about various agencies for individuals who indicate that they have engaged in protected activity that may be addressed by an agency other than OSHA. The new form is available in English and Spanish.
"Workers who report unsafe conditions and wrongdoing have a range of legal protections from retaliation," said Deputy Assistant Secretary of Labor for Occupational Safety and Health Loren Sweatt. "The revised online complaint form works to ensure whistleblowers file their complaints with the appropriate federal agency for prompt action." In addition to the online form, workers can file complaints by fax, mail, or hand-delivery; contacting the agency at 800-321-6742; or calling an OSHA regional or area office. OSHA enforces the whistleblower provisions of 22 statutes protecting employees who report violations of various securities laws, trucking, airline, nuclear power, pipeline, environmental, rail, public transportation, workplace safety and health, and consumer protection laws. Detailed information on employee whistleblower rights, including fact sheets, is available online at http://www.whistleblowers.gov/.
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