OSHA Orders Reinstatement of Wrongfully Terminated Employee

Enercon Services Inc. has been ordered to pay back wages and damages after the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) branch determined it wrongfully terminated an employee, according to For Construction Pros. Enercon was found to be in violation of whistleblower protection laws when it terminated a senior engineer who raised questions about safety concerns at Wolf Creek Generating Station, a nuclear power station located in Burlington, Missouri.

Enercon terminated the engineer after he exposed violations for the use of concrete as a backfill over piping at the facility. OSHA discovered that management ordered the pipes to be filled with concrete before officials from the Nuclear Regulatory Commission arrived to inspect the site. The terminated employee refused to follow orders from management to fill the pipes with concrete, because he believed it posed a safety risk—he was terminated a few days later. OSHA ordered Enercon to reinstate the engineer.

Enercon is ordered to pay the employee $261,152.69 in back pay, legal fees and damages. Whistleblower protection laws provide security for employees that come forward and report illegal or dangerous behavior. Whistleblowers are protected from any and all retaliation, including termination. If you have been punished or even threatened with discipline due to you reporting or threatening to report illegal, unethical or dangerous activity, you may be entitled to compensation. Please contact our firm today for a free consultation if you have been wrongfully terminated.

Kesluk, Silverstein & Jacob—Los Angeles employment lawyers