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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Stink in Clifton leads OSHA to violations jackpot
- FMLA rights don't extend beyond termination date
- Employer wins battle to withdraw recognition of struggling union
- Justice Department increases fines for employers that violate immigration, I-9 rules