Fired Ohio Worker Ordered Reinstated, Awarded Damages

Toledo, OHA financial analyst allegedly fired for uncovering irregularities at his workplace not only gets reinstated, but also receives almost $275,000 as compensation in the Ohio employment whistleblower case that reached all the way to the US Department of Labor.

According to The Blade (9/10/12) in Toledo the employee, who was not identified, claimed in the whistleblower lawsuit that inaccuracies the plaintiff had uncovered at Dana Holding Corp. led to the employee's ultimate dismissal after the plaintiff had raised concerns about what had been found.

Dana Holding Corp. is a major supplier of automobile parts and is based in Maumee, Ohio. As such, Dana Holding Corp. must subscribe to Ohio labor laws as well as various other federal labor statutes.

In this case, according to The Blade, the defendant had also run afoul of Sarbanes-Oxley, which prohibits retaliation against an employee for expressing genuine concern over what appears to be inaccuracies.

According to a statement, government investigators were in a position "to substantiate a complaint submitted by the employee, who alleged termination for raising concerns about inaccuracies in the company's customer information assessment system database that could be reflected as inaccuracies in the company's annual financial reports."

Nick Walters, the Occupational Safety and Health Administration's regional administrator in Chicago, weighed in on the Ohio Labor and Employment Law action as it relates to Sarbanes-Oxley.

"The Sarbanes-Oxley Act provides protection to workers who report alleged violations of federal laws relating to fraud against shareholders," said Walters, in comments published in The Blade. "This case clearly shows the department's commitment to ensuring that individuals are provided the protections and relief afforded by the law, and sends a message that retaliatory actions will not be tolerated."

Ohio labor laws are designed to protect workers from unfair treatment by employers. This can include, but is not limited to provision for proper wages, overtime payment and computation, meal and rest breaks, and work environments that are deemed to be safe.

On occasion, an issue goes beyond Ohio state employment and is sorted out at the federal level.

The unidentified worker was ordered re-instated by US regulators. Dana was ordered to pay $47,813.72 in back wages and benefits, $108,167.60 in compensatory damages, and $118,941.15 in attorney's fees.