Fired Employee Wins Whistleblower Suit

Wednesday, January 18, 2017 @ 02:01 PM gHale


A pipefitter previously employed by John Deere will receive $204,315 in back wages and “front pay” and $70,685 in other damages after he ended up fired for reporting unsafe conditions.

Deere & Co., which operates as John Deere, signed the settlement agreement with the Occupational Safety and Health Administration (OSHA).

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The agreement resolves a lawsuit filed in the U.S. District Court for the Central District of Illinois in July 2015 under the anti-retaliation provision of the Occupational Safety and Health Act.

The lawsuit said the pipefitter ended up terminated from the Moline, IL, facility in June 2012 after reporting unsafe working conditions and filing a complaint with OSHA after the company failed to correct one of the unsafe conditions.

Deere did not admit liability in the case, but has agreed to pay the pipefitter $111,512 in back wages, $92,803 in front pay, compensation in lieu of reinstatement, as well as $32,000 in compensatory damages and $38,685 in unspecified damages. The agreement allows for the company to make the payments in three installments to be paid in full by Jan. 31, 2018.

“The settlement of this case represents a true win for an employee who was willing to risk his job to ensure workplace safety for himself and his co-workers,” said Kenneth Nishiyama Atha, regional administrator for OSHA in Chicago. “Commitment to workplace safety should be commended — not punished. The department will do everything in its power to prevent retaliation against workers who report unsafe working conditions.”

John Deere, which manufactures agricultural, construction, and forestry machinery as well as diesel engines used in heavy equipment and lawn care equipment, also agreed to post OSHA’s Job Safety and Health: It’s the Law poster , and OSHA Fact Sheet: Your Rights as a Whistleblower, in a conspicuous place at all its workplaces.

An investigation by OSHA found the pipefitter ended up dismissed on June 4, 2012, in retaliation for reporting unsafe working conditions at the Moline facility to OSHA on three separate occasions. OSHA’s subsequent investigations cited hazards at the facility in April 2010, January 2012 and May 2012.



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