Gordon Rees Scully Mansukhani Partner Jonathan R. Stuckel and Associate Delann N. Fraschetti Finch recently secured the dismissal of a whistleblower retaliation complaint filed under the Surface Transportation Assistance Act (STAA), 49 U.S.C. § 31105 or 29 C.F.R. § 1978, with the Occupational Safety Health Administration (OSHA) on behalf of a trucking and transportation company operating in New Jersey.
A former truck driver alleged that he was terminated for raising complaints that his electronic driving logs had been altered and for refusing to operate a commercial vehicle in violation of federal safety regulations. The employee claimed that his termination constituted unlawful retaliation for engaging in protected activity under the STAA.
The GRSM team conducted an investigation and submitted a comprehensive position statement demonstrating that the employee’s termination was based on documented performance deficiencies, not retaliation. GRSM established that the employer maintained and complied with safety policies requiring compliance with federal motor carrier regulations. Additionally, the documentation demonstrated that the truck driver had low mileage production and was warned about his poor performance. The company further demonstrated that they did not have the ability to unilaterally alter a driver’s electronic log.
OSHA concluded that it was unable to find reasonable cause to believe a violation of the STAA occurred and dismissed the complaint in its entirety. This result highlights GRSM’s ability to effectively defend employers against transportation-industry whistleblower claims through detailed factual investigations, strategic advocacy, and the successful presentation of legitimate business reasons supporting employment decisions.