Logistics Firm Ordered to Pay $275,000 for Retaliation

Monday, June 13, 2016 | 0

A logistics provider has been ordered by the U.S. Occupational Safety and Health Administration to reinstate and pay back wages to a driver who was fired after he refused to work longer than workplace safety regulations require, according to Heavy Duty Trucking magazine.

The case concerns a driver for Cherry Hill-based NFI Interactive Logistics who had been delayed in August 2012 in making his deliveries due to severe weather and flooding.

The driver concluded that he didn’t have enough time to make the delivery and make the return trip without violating hours of service restrictions.

Instead the driver dropped his load off at another of the customer’s facilities that was closer. When he returned NFI sent another driver to pick up and complete the delivery, according to the magazine.

The next day, however, he was fired for insubordination, after which he filed a whistleblower complaint with OSHA.

An investigation ensued and OSHA found merit to his claim.

OSHA has ordered the company to rehire the driver and pay him $126,870 in back pay plus interest as well as additional amounts drivers can make on the job. He was also awarded $50,000 in compensatory damages and another $100,000 in punitive damages as well as attorney’s fees.

NFI must also expunge his employee records of information related to the firing.