Driver Peter Cefalu was fired from his job at Roadway Express after submitting a statement backing a co-worker’s claims that the company illegally required drivers to falsify their transportation logs.
Cefalu complained to OSHA and was ordered reinstated.
Meanwhile, Roadway claimed it found out Cefalu had falsified his employment application, stating he had quit several jobs when he had really been fired for having accidents. The company said it shouldn’t be forced to rehire a known safety hazard and liar.
The 7th Circuit Court of Appeals agreed—partially. It said that if Roadway could show it fired others with similar driving records, it wouldn’t have to reinstate Cefalu. On the other hand, it could not refuse to rehire him because of dishonesty on the application. (Roadway Express v. U.S. DOL, No. 09-1315, 7th Cir., 2010)
- Are you ill prepared? 13 steps to stay ahead of the H1N1 virus
- Crackdown looms for misclassifying employees as contractors
- For class-action lawsuits, independent contractor wording is what matters
- Changing company name doesn't end legal liability
- Can we insist that doctors' notes include a diagnosis of an employee's medical condition?