Small and midsize business owners take note of a recent case that underscores the importance of respecting employee rights and ensuring a safe workplace. The U.S. Department of Labor (DOL) has secured a consent judgment in federal court, requiring a former dog daycare facility and its owner to pay $50,000 in general and punitive damages. The reason? Unlawfully terminating two employees who raised COVID-19 safety concerns amid the pandemic in June 2020.
Business Owner Retaliated After Workers Reported Safety Concerns
On October 2, 2023, Judge B. Lynn Winmill of the U.S. District Court for the District of Idaho issued the consent judgment against a former dog daycare facility and its former owner. The judgment mandates that each of the two employees receive $25,000 in general and punitive damages, as well as other corrective actions, including providing a neutral employment recommendation, removing references to the incident from their employment records, and issuing a public apology on social media to the terminated employees.
This legal action stems from an investigation by the DOL’s Occupational Safety and Health Administration (OSHA). It was prompted by two employees who filed a whistleblower complaint, reporting that their employer terminated them after they expressed concerns about working alongside a co-worker awaiting COVID-19 test results.
According to OSHA’s findings, after the employees raised their concerns, the owner instructed them to complete their tasks, clock out, and go home. Subsequently, the employer removed the two workers from the company’s social media platform and withheld the revised weekly work schedule, which indicated their termination. A third employee was also treated similarly, but they did not file an OSHA complaint.
Furthermore, when the terminated workers applied for unemployment insurance, the dog daycare facility challenged their benefits claim, reporting to the State of Idaho Department of Labor that the workers had voluntarily quit.
This case is a stark reminder that employees who exercise their right to report alleged unsafe working conditions should be protected, and retaliatory actions taken against them will not be tolerated. OSHA Regional Administrator Dorinda Hughes in Seattle emphasized the importance of safeguarding the voices of employees who raise safety concerns.
Federal law explicitly safeguards employees against adverse actions taken by employers when they exercise their legal rights concerning workplace safety and health. The consent judgment in this case underscores the DOL’s commitment to enforcing workers’ rights to express safety concerns freely, without fear of retaliation.
Additional Repercussions
Apart from the monetary penalties, the judgment also requires the employers to provide OSHA-approved management and supervisory training, notify all new and some former employees of their rights, and prohibit the employer from future violations of federal whistleblower protections.
It’s important to note that during the litigation, the owner sold the dog daycare facility, but the case continued to hold the former owner accountable for their actions.
This case serves as a poignant reminder that employee safety and well-being should be a top priority for all businesses, regardless of size. Upholding workers’ rights to express safety concerns is not just a legal requirement; it is a moral obligation. Creating a workplace where employees feel safe reporting safety issues is not only the right thing to do but also essential for maintaining a positive and productive work environment.
Conclusion
Small and midsize business owners should take this case as a cautionary tale. Prioritizing workplace safety, respecting employee rights, and avoiding retaliatory actions are crucial not just to avoid legal consequences, but to create a positive and ethical workplace culture.