Smith v. Duke Energy Carolinas, LLC
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ARB reversed ALJ ruling in favor of client, finding that his disclosures were “inextricably intertwined” with the investigatory process leading to his termination.
Summary of Filed Complaint
TELG client William Smith alleged that he was terminated after he blew the whistle on a coworker’s falsification of safety records at a nuclear power facility.
What Happened in Court
The U.S. Department of Labor’s Administrative Review Board (ARB) issued a decision in favor of William Smith, a whistleblower at a nuclear power facility in South Carolina. Smith claimed that Duke Energy had terminated his employment because he reported a coworker’s alleged failure to comply with workplace safety regulations mandated by the Energy Reorganization Act (ERA). The ARB’s decision reversed an earlier decision by an administrative law judge (ALJ) and held that Smith’s protected activity of bringing safety concerns in a nuclear plant to the attention of his supervisors was a contributing factor in his termination.