Judge rules whistleblower laws were violated
By Erik Ricasa
Published on July 22, 2005
A judge ruled that James J. Bobreski is entitled to damages for losing his job after bringing safety concerns about the sewage plant to the city
Bobreski was working at the Blue Plains Treatment Plant in 1999 when he warned supervisors about faulty chlorine gas alarms. He then contacted the city and the Washington Post.
After Bobreski went public, officials at the treatment plant made the necessary repairs. The contractor also lost his job.
Alice M. Craft, an administrative law judge, ruled that Bobreski was protected under the whistleblower clause of the False Claims Act when he went public with the sewage plants safety violations and that he unfairly lost his job.
A previous whistleblower complaint filed by Bobreski following his dismissal from the plant found WASA liable for $56,000 in fines. WASA appealed the 2001 ruling and requested a hearing before an administrative judge from the U.S. Department of Labor.
WASA says Bobreski has never been an employee of the company. He was assigned to work as a systems control technician at the Blue Plains Treatment Plant by J. Givoo Consultants.
However, an investigation by the labor department found that a WASA official threatened to cut Givoo's WASA contract if Bobreski was not removed from his position.
Craft ruled that Bobreski was entitled to his previous job at the treatment plant with back pay and benefits. He is also eligible for compensatory and punitive damages.
Bobreski's attorney says he will probably seek about $3 million in restitution for his client.
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