Interesting case! Although I am not familiar with these DOE protections, the case is similar to others that might allege OSHA or other retaliation. And even though it appears that the plaintiff's complaint may have been valid, remember that that does not necessarily need to be the case. Indeed, the underlying claim can be totally bogus, but if the retaliation claim has legs, the matter will not go away. Thanks for sharing. Susan Fentin Skoler, Abbott & Presser [email]sfentin@skoler-abbott.com[/email]
Thanks for bringing this case to our attention. It was apparently very well investigated and thought out by the hearing officer. The primary lesson is how complex whistleblower cases can be and how subtle an orgaization can be in attempting to clothe a retaliatory discharge with legitimacy. While there is an indication that the employee was spending an inordinate amount of time policing her employer and thereby detracting from her work, that is only a possiblity that is not clarified in the facts as stated. What is clear is how an employer can be bitten when a lax termination process is suddenly posed as basic established policy to cover a retaliation. Stanley P. Santire, JD
Comments
Susan Fentin
Skoler, Abbott & Presser
[email]sfentin@skoler-abbott.com[/email]
Stanley P. Santire, JD