Champagne Demolition in Albany faces an OSHA lawsuit claiming that it illegally fired an employee for reporting improper asbestos removal practices at a company worksite. If true, that’s a violation of the Occupational Safety and Health Act.
According to the lawsuit, the employee reported the improper procedures on a job at Gloversville High School. He was fired the next day after enduring verbal abuse from company officials. OSHA says the company even threatened to sue the employee.
The worker filed an OSHA whistle-blower complaint and the agency investigated. After largely substantiating his story, it filed suit on his behalf.
OSHA’s lawsuit seeks the employee’s reinstatement with lost wages, plus punitive and compensatory damages, payments for emotional and financial distress and removal of any reference to the incident from the man’s personnel record. Barring a settlement, the case will go to trial.
- One rule, two employees, two violations: Document why discipline wasn't identical
- Fair is fair: Before you fire, give employee a chance to tell her side of the story
- Beware REDA retaliation against ex-employees
- Are you a target for union organizing? 6 questions to ask
- Reassignment to new position might be retaliation