OSHA Retaliation Claim Defeated After Administrative Trial
The Challenge: Whistleblower Retaliation Allegations
O’Hagan Meyer Pittsburgh partner Dean Falavolito represented an employer in an OSHA retaliation case brought before the United States Department of Labor. The former employee alleged that their termination was the result of reporting workplace safety concerns, triggering whistleblower protections under OSHA.
The Solution: Administrative Trial and Post-Hearing Briefing
The matter proceeded to a two‑day trial before an Administrative Law Judge, followed by post‑hearing briefing. O’Hagan Meyer presented evidence that the employee was terminated for misconduct, not retaliation, and undertook the heightened burden of proof required in OSHA whistleblower cases.
The firm demonstrated, by clear and convincing evidence, that the termination decision was independent of any alleged safety reporting.
The Outcome: Employer Fully Vindicated
The Administrative Law Judge ruled in favor of the employer, finding that the client met its burden and did not retaliate against the employee for protected activity.
The decision brought the OSHA retaliation matter to a complete resolution in the client’s favor following trial.
