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Whistleblower protection denied in Alabama auto plant suit
Last edited Mon Sep 28, 2015, 04:07 PM - Edit history (3)
Whistleblower protection denied Kim King in Alabama auto plant suitBy Jeremy Gray | [email protected]
on September 28, 2015 at 10:42 AM, updated September 28, 2015 at 10:49 AM
A federal order meant to protect whistleblowers doesn't apply to a woman fired and sued for defamation by an Alabama auto supplier, a Montgomery County judge ruled last week.
Lear Corporation-owned Renosol Seating in Selma fired and sued Kim King in March after she tried to deliver a letter to the plant's customer, Hyundai Motor Manufacturing Alabama in Montgomery, saying she feared a chemical used in the car seat-production process was making workers sick.
The U.S. Department of Labor later filed a separate case against Lear in federal court accusing Lear of whistleblower retaliation.
Montgomery County Circuit Court Judge William Shashy ruled Sept. 22 that King's attempts to deliver the letter aren't necessarily protected by federal law, The Montgomery Advertiser reported.
on September 28, 2015 at 10:42 AM, updated September 28, 2015 at 10:49 AM
A federal order meant to protect whistleblowers doesn't apply to a woman fired and sued for defamation by an Alabama auto supplier, a Montgomery County judge ruled last week.
Lear Corporation-owned Renosol Seating in Selma fired and sued Kim King in March after she tried to deliver a letter to the plant's customer, Hyundai Motor Manufacturing Alabama in Montgomery, saying she feared a chemical used in the car seat-production process was making workers sick.
The U.S. Department of Labor later filed a separate case against Lear in federal court accusing Lear of whistleblower retaliation.
Montgomery County Circuit Court Judge William Shashy ruled Sept. 22 that King's attempts to deliver the letter aren't necessarily protected by federal law, The Montgomery Advertiser reported.
Whistleblower protection can’t stop lawsuit
Brad Harper, Montgomery Advertiser 12:13 a.m. CDT September 28, 2015
A Montgomery County circuit court judge has ruled that an auto supplier can continue its lawsuit against a fired Alabama worker, saying that a federal order meant to protect whistleblowers doesn’t apply. The ruling also allows for the collection of documents from and about union representatives who acted on the worker’s behalf.
Lear Corp.-owned Renosol Seating in Selma fired Kim King in March and filed a defamation suit against her. King had told the Advertiser and others that she feared a chemical used in the car seat-production process was making workers at the plant sick. She was terminated after trying to deliver a letter outlining the concerns to the plant’s customer, Hyundai Motor Manufacturing Alabama in Montgomery.
....
But Montgomery County Circuit Court Judge William Shashy ruled Tuesday that the lawsuit against King can move forward because of her attempt to deliver the letter to HMMA. ... “There was no determination made in the federal court case on whether King engaged in protected activity when she went to Hyundai,” Shashy wrote. “Lear’s claim of business interference by King is centered on her actions as it concerns Hyundai.”
The ruling denied a motion for protective order and allowed the collection of depositions, medical records and other documents from King, her doctor, the United Auto Workers union and its public relations company, BerlinRosen.
A Montgomery County circuit court judge has ruled that an auto supplier can continue its lawsuit against a fired Alabama worker, saying that a federal order meant to protect whistleblowers doesn’t apply. The ruling also allows for the collection of documents from and about union representatives who acted on the worker’s behalf.
Lear Corp.-owned Renosol Seating in Selma fired Kim King in March and filed a defamation suit against her. King had told the Advertiser and others that she feared a chemical used in the car seat-production process was making workers at the plant sick. She was terminated after trying to deliver a letter outlining the concerns to the plant’s customer, Hyundai Motor Manufacturing Alabama in Montgomery.
....
But Montgomery County Circuit Court Judge William Shashy ruled Tuesday that the lawsuit against King can move forward because of her attempt to deliver the letter to HMMA. ... “There was no determination made in the federal court case on whether King engaged in protected activity when she went to Hyundai,” Shashy wrote. “Lear’s claim of business interference by King is centered on her actions as it concerns Hyundai.”
The ruling denied a motion for protective order and allowed the collection of depositions, medical records and other documents from King, her doctor, the United Auto Workers union and its public relations company, BerlinRosen.
Some background:
OSHA Wins Jury Trial Regarding Whistleblower Violations by Manatee School for the Arts in FL
By WorkersCompensation.com 10/21/2013 08:03:00
....
OSHA enforces the whistleblower provisions of Section 11(c) of the OSH Act and 21 other statutes protecting employees who report violations of various securities, trucking, airline, nuclear, pipeline, environmental, rail, maritime, health care, consumer product and food safety laws.
Under the various whistleblower provisions enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA's Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available at http://www.whistleblowers.gov.
....
OSHA enforces the whistleblower provisions of Section 11(c) of the OSH Act and 21 other statutes protecting employees who report violations of various securities, trucking, airline, nuclear, pipeline, environmental, rail, maritime, health care, consumer product and food safety laws.
Under the various whistleblower provisions enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA's Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available at http://www.whistleblowers.gov.
