OSHA Rules Company Must Reinstate Whistleblower

The US Department of Labor’s Occupational Safety and Health Administration (OSHA) has ruled that the Dana Holding Corp. in Ohio must reinstate a former employee, according to OHSOnline.com. The financial analyst was terminated in February 2009 after filing a complaint with OSHA about inaccurate financial and consumer reports.

OSHA determined the complaint to be valid, and ordered that Dana Holding pay him $274,922.47 in back pay, damages and legal fees. OSHA also ordered that Dana Holding reinstate the employee.

“In addition to immediate reinstatement, the company must expunge any adverse references related to the discharge in the employee’s personal record, post a notice about the Sarbanes-Oxley Act’s whistleblower for all employees and train employees on these provisions,” OSHA said in a released statement.

Employers cannot punish employees for following the law of for refusal to break the law. It is a shame that it took an intervention from OSHA to reinstate this honest and concerned employee. Please visit our website for more information on whistleblower protection, and contact our firm for a free consultation.

Kesluk, Silverstein & Jacob—Los Angeles whistleblower protection attorneys