Miller v. Evergreen International Airlines
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OSHA ruled in pilot’s favor where employer told its pilots that it knew who made a report to the FAA and said this pilot would be “educated” — then terminated the pilot’s employment.
Summary of Filed Complaint
TELG client Joseph Miller alleged that he was retaliated against after making a safety complaint to the FAA.
What Happened in Court
OSHA found that Joseph Miller was entitled to a back pay award with interest, compensatory damages, and attorney’s fees because he had been retaliated against by Evergreen. Miller had contacted the Federal Aviation Administration about potential safety and regulatory violations at Evergreen. Once Evergreen learned about the complaint, the Vice President of Operations informed all employees that he knew who had filed the complaint and that he would be “educated.” He also expressed disappointment that Miller had contacted the FAA instead of Evergreen about the violations because it could be costly to the company. Less than two weeks later, Evergreen terminated Miller’s employment.