In such a tight labor market, workers may feel inclined to look the other way when they believe their employer has violated a federal labor law. But as the following case illustrates, employees often have more leverage than they may think.
The Occupational Safety & Health Administration (OSHA), which is overseen by the US Dept. of Labor, ordered Illinois Central Railroad Co. and Chicago, Central & Pacific Railroad to pay a former employee more than $80,000 for wrongful termination and retaliation, according to an OSHA press release published at 7th Space Interactive.
He claims he was terminated after reporting a work-related injury and filed a retaliation lawsuit in federal court.
Although the unnamed former employee retained the services of an Illinois employment lawyer, it appears as if the damages were awarded from an OSHA-led legal action against the defendants. The press release indicates that any party can file an appeal with the U.S. Labor Department's Office of Administrative Law Judges.
OSHA's web site states that credible complaints typically are followed by an on-site inspection and, if violations are discovered, a letter to the employer outlining citations and proposed penalties is sent.
The exact nature of the former railroad worker's injuries or how they were sustained were not discussed in the press release. But as OSHA detailed in its release, he was awarded $57,587 in back wages and interest, $10,000 for compensatory damages and $12,866 in attorney's fees.
Charles E. Adkins, an OSHA regional administrator based in Kansas City, Mo., was quoted in the press release as follows:
"While OSHA is best known for ensuring the safety and health of employees, it is also a federal government whistleblower protection agency."
In other words, the agency also has workers' backs in cases of retaliation. For more information, please visit our Related Resources.
Related Resources:
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OSHA Whistleblower Protection (FindLaw)
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The Whistleblower Protection Program (US Dept. of Labor, OSHA)
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Chicago Employment Lawyer Directory (FindLaw)
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