The U.S. Postal Service found itself on the wrong side of the law when it terminated a probationary worker for reporting a workplace injury, a U.S. District Court judge in Oregon ruled on May 10. The worker, employed as a city carrier assistant, sustained a calf strain while addressing fallen mail trays in a vehicle. Instead of receiving support, the worker was dismissed by USPS for not using a boat hook to rectify the trays, as court documents revealed.
District Judge Adrienne Nelson ordered USPS to compensate the worker with $141,307.50 for economic losses and emotional distress damages. Furthermore, USPS must expunge the worker’s record and acknowledge her eligibility for rehire following a two-day trial in April.
The OSH Act’s Section 11(c) expressly forbids employers from retaliating against employees who report health or safety concerns or file work-related injury reports with the U.S. (OSHA). The judge noted that the worker was terminated merely 21 days after reporting the injury and a mere 11 days before completing her probationary period. Moreover, USPS neglected to provide adequate training on locating or using a boat hook, further exacerbating the situation.
Testifying during the trial, whistleblower investigator Jared Klein, who has been with OSHA since 2016, highlighted USPS’s troubling pattern of retaliating against probationary employees who report workplace injuries. He revealed ongoing litigation against USPS, with at least six similar complaints being pursued at the federal level.
Acting Secretary of Labor Julie Su pursued legal action against USPS after the worker filed a complaint with OSHA, and subsequent investigation confirmed USPS’s violation of the OSH Act. USPS has yet to comment on the matter.
This ruling underscores the importance of upholding workers’ rights to report workplace hazards without fear of retaliation. It serves as a reminder to employers to comply with labor laws and prioritize employee safety and well-being.