Whistleblower Receives $100,000 Settlement from Upstate New York Town

By Aaron Poehler

Published on August 09, 2007

The worker, who was not named, was suspended twice after reporting possible illegal dumping violations to his superiors and to the state Department of Environmental Conservation in early 2006. After filing a whistleblower complaint with OSHA on Dec 1, 2006, the worker was forced to cut trees during unsafe weather conditions and subsequently suffered a disabling injury.

OSHA, which enforces the whistleblower provisions of the Occupational Safety and Health Act, investigated and found that the suspensions, harassment, and unsafe work assignment were retaliatory measures for the worker’s reporting of environmental violations.

The town of Cazenovia has agreed to pay $919.52 in back wages covering the two suspension periods and has expunged record of the suspensions from the worker’s personnel file; additionally, the employee will receive $99,000 in compensatory damages from the town.

According to the terms of the settlement, the town must also establish clear guidelines prohibiting future retaliation against workers who raise concerns over workplace safety or environmental issues, post notices of whistleblowers’ rights, and arrange for OHSA training on federal whistleblower laws for all town employees.

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