May 11, 2023
A federal court determined that a U.S. Postal Service (USPS) employee who had filed an injury report in 2019 was âwrongfully fired,â OSHA announced.According to a news release, the employee, who was still in the new hire probation phase, told supervisors about the injury âand applied for workersâ compensation benefits.â Before the employee was fired, performance evaluations had been put on hold, OSHAâwhich conducted an investigationâlater learned.
Following a lawsuit filed by the U.S. Department of Labor Office of the Solicitor in 2022, the U.S. District Court for the Western District of Washington, which published a summary judgment, decided in May 2023 that âthe USPS did retaliate against the employee.â The mail company is required to rid the employeeâs record of âany negative reference to the employeeâs protected activity and termination,â OSHA said. (Other asks from the lawsuit such as lost wages as well as reinstatement will be addressed late next month.)
âThe summary judgment we have obtained is an important step toward fully protecting the rights of an employee terminated wrongfully for reporting a workplace injury and signals to other postal workers that they should not fear retaliation when exercising their rights,â said Regional Solicitor of Labor Marc Pilotin in San Francisco in the news release.
Under a permanent injunction from the court, Tacoma USPS facilities must educate probationary employees on one of these rightsâthe right to report injuries without worrying about any negative consequencesâper OSHA. If these workers report an injury, the facilities are also required to provide âan equal opportunity to complete probation.â
In addition to these actions, Tacoma USPS facilities must âtrain all officers, supervisors and employees on federal anti-retaliation regulations.â
Summary Judgment finding USPS retaliated against employee
Source: OHS Online