Patton Boggs Insights - December 2012: Enforcement: Firms Pay Up In Whistleblower Cases

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Three employers who fired employees after they filed complaints with OSHA have been ordered to reinstate the workers and pay back wages and damages. A pilot will be reinstated and paid more than $500,000 after investigators determined he was illegally terminated 3½ years ago from Northern Illinois Flight Center. He was fired after complaining to the FAA about alleged violations in the Center’s pilot certification process. In Ohio, Dana Holding Corp. was ordered to pay just under $275,000 after a financial analyst was let go in 2009 for raising concerns about alleged inaccuracies in a company database that could be reflected as inaccuracies in the company’s annual financial reports. Tennessee-based Mark Alvis, Inc. was ordered to pay $30,000 to a driver allegedly fired for refusing to haul a load because of an on-the-job injury and because he had exhausted his service hours, meaning he could not legally drive at the time. The government had originally ordered the company to pay $180,000; the settlement was reached after Mark Alvis appealed.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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