Staten Island Health Center to Pay $195,000 to Terminated Whistleblower
A Staten Island health center must pay $195,000 in damages and back wages to an employee who was terminated after refusing an in-person meeting during the COVID-19 pandemic out of safety concerns. The incident occurred in March 2020 when cases of COVID-19 started soaring. A Community Health Center of Richmond employee was due to attend a regularly scheduled meeting and requested the meeting be held virtually rather than in person due to the risk of infection. The meeting was due to be held in a windowless room at the health center. The employee changed the format of the meeting to teleconference; however, when the CEO insisted that it must be held in person, the employee changed the format back to in-person and then didn’t attend.
The employee was suspended two days later for refusing to attend the meeting and other insubordination, and in April 2020, the employee was terminated without further explanation. In response, the employee filed a complaint with the Occupational Safety and Health Administration under the whistleblower protections of the Occupational Safety and Health Act, which guarantees workers the right to raise safety and health concerns to their employers without fear of retaliation. “Community Health Center of Richmond Inc.’s inexcusable actions have a chilling effect on other employees coming forward with concerns about health and safety hazards in their workplaces,” said OSHA Regional Administrator Richard Mendelson.
After litigation and mediation, the community health center agreed to pay the employee $195,000 in back wages and compensatory damages. The health center will also expunge the suspension and termination from the employee’s records, provide a neutral reference for the employee to prospective employers, inform employees of their rights under Section 11(c) of the OSH Act, post a conspicuous notice informing employees that there will be no discrimination or retaliation against employees who raise safety and health concerns, and for the next three years, will provide annual training to employees on their Section 11(c) rights.
“The outcome of this case sends a clear and strong message to employers that the U.S. Department of Labor will investigate and pursue appropriate legal action when employers disregard or discourage their employees’ efforts to address legitimate health and safety concerns,” said Regional Solicitor Jeffrey S. Rogoff in New York.
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