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Correct Answer!
Whistleblower
C. An employee who reports employer wrongdoing to
a governmental or law-enforcement agency.
 Listen
to pronunciation
Legal Definition -
An employee who reports employer wrongdoing
to a governmental or law-enforcement agency.
Black's
Law Dictionary® Eighth Edition © 2004
Current
Usage -
NY Railroad Ordered to Pay $300,000 for Retaliating Against Workers
Jun 23, 2009
According to OSHA, whistleblower
investigations have found that the Metro North Commuter Railroad Co.
retaliated against four employees who reported work-related injuries. The
agency has ordered the railroad, which provides commuter rail service in
New York, New Jersey, and Connecticut, to take corrective actions and pay
back wages, fees, and a total of $300,000 in punitive damages.
"Railroad employees have the right to report occupational injuries and
illnesses without fear that doing so will negatively affect their jobs,
their health, or their income," said Jordan Barab, acting U.S. assistant
secretary of labor for safety and health. "Retaliating against employees
for exercising this basic, legally protected workplace right is
unacceptable."
The employees, who sustained on-the-job injuries in 2007 and 2008, filed
whistleblower complaints
with OSHA alleging that the railroad disciplined them for reporting their
injuries, interfered with their medical treatment plans, and/or
reclassified injuries from occupational to non-occupational. OSHA's
investigations, conducted under the
whistleblower provisions of
the Federal Rail Safety Act (FRSA), found merit to the complaints.
As a result of its findings, OSHA has ordered Metro North to take
corrective actions including expunging disciplinary actions and references
to them from various records; compensating the workers for lost wages or
out-of-pocket medical expenses and attorneys' fees; amending its
attendance policy so that work-related sick leave not be considered when
assessing unsatisfactory attendance or transfer or promotion requests;
ensuring that reporting occupational illnesses or injuries does not
disqualify employees from transfers or promotions; and paying each
complainant $75,000 in punitive damages. The railroad also must post and
provide its employees with information on their FRSA whistleblower rights.
(The Department of Labor does not release names of employees involved in
whistleblower complaints.)
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