On November 13, 2013, the United States Department of Labor, Office of Public Affairs issued a press release announcing that one of its enforcement arms, the Occupational Safety and Health Administration (OSHA), awarded damages to four former employees of Gaines Motor Lines, Inc., of just over $1 million. Gaines Motor Lines, Inc., is a North Carolina-based freight company offering shipping and supply-chain services to a variety of businesses. The company has terminal locations in North Carolina, South Carolina, New Jersey, and Rhode Island. Gaines Motor Lines, Inc., serves the Southeast and the Eastern seaboard. The company has approximately 100 employees and 60 trucks in its fleet.
OSHA ordered Gaines Motor Lines, Inc., and two of its key employees—Tim Gaines and Rick Tompkins–to pay compensation to four former employees whom OSHA determined were terminated in violation of whistleblower protections of the Surface Transportation Assistance Act. The compensation includes back wages, interest, and a total of $675,000 in punitive damages. Three of the four former employees (one is deceased) were also awarded reinstatement. According to OSHA’s Preliminary Order, the four employees who were terminated by Gaines Motor Lines, Inc., were terminated for participating in an inspection of one of the company’s facilities conducted by the United States Department of Transportation, Federal Motor Carrier Safety Administration. The inspection indicated that some drivers of Gaines Motor Lines, Inc., had been falsifying logs and had poor driving records. Assistant Secretary of Labor, Dr. David Michaels, stressed that employees must feel able to raise safety concerns without fear of retaliation and that undermining employees’ cooperation in inspections was unacceptable.
Gaines Motor Lines, Inc., immediately issued a statement indicating that the company intended on appealing the OSHA order. The company indicated that the former employees were terminated as part of a larger reduction in force and also suggested that the former employees may have been discharged because of poor performance. The statement also suggested that one of the four former employees requested to be laid off. The company further cited its long history in the community and its concern with safety in defense of itself.
OSHA’s award in this case reinforces the scope of remedial and other actions that are afforded to it under whistleblower protection enforcement laws. OSHA is the primary agency charged with enforcing whistleblower provisions of numerous federal statutes. Any individual who believes he or she has been retaliated against for any activities protected by whistleblower statutes can report the violation to OSHA. Depending upon the Act under which the violation occurred, the employee has between thirty and one hundred eighty days to report the retaliation action. Upon receipt of a complaint, OSHA notifies the employer and will attempt conciliation. If these efforts are unsuccessful, OSHA will investigate the allegations. If it determines that there has been a violation, it can order reinstatement, payment of back wages, and reimbursement to the employee for attorneys’ fees. Information about the various whistleblower provisions that OSHA enforces can be found at http://www.dol.gov/compliance/laws/comp-whistleblower.htm.
If you or a loved one has been retaliated against due to the raising of concerns about practices by your or your loved ones’ employee, Barrett Law PLLC can help you understand the rights and the protections to which you may be entitled. This is true regardless of whether you are an employee of the federal, state, or local government or a private company. Our firm has extensive experience representing individuals in all types of whistleblower lawsuits. Contact us today at (601) 790-1505 to schedule an initial consultation.
