Gordon Rees Scully Mansukhani South Jersey Partners Melissa J. Brown and Jonathan R. Stuckel, with the assistance of South Jersey Associate Shawn McBrearty, recently secured the dismissal of a whistleblower retaliation complaint filed under Section 11(c) of the Occupational Safety and Health Act on behalf of a delivery and logistics company located in Pennsylvania.
A former delivery driver alleged that he was suspended and ultimately terminated in retaliation for reporting safety concerns involving vehicle brakes and an alleged exposure to hazardous biological waste while performing deliveries. The employee filed a complaint with the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), claiming the company retaliated against him for engaging in protected safety activity.
The South Jersey team submitted a comprehensive position statement demonstrating that the employee’s termination resulted from documented performance and conduct issues, not retaliation. The evidence included dash camera footage contradicting the employee’s account of the alleged exposure incident and showing him emptying a cup containing liquid outside the vehicle and later pouring water on himself before reporting the incident.
After completing its investigation, OSHA agreed with the company’s position and determined that the evidence showed the employee was terminated for violating company policies and making false statements. OSHA therefore found no reasonable cause to believe the employer violated Section 11(c) and dismissed the complaint in its entirety.
The result highlights GRSM’s use of thorough internal investigations, careful documentation, and aggressive strategies implemented in defense of companies faced with meritless whistleblower retaliation claims.