Triggered by an Occupational Safety and Health Administration (OSHA) investigation, the federal Department of Labor (DOL) sued the U.S. Postal Service, obtaining a court approved settlement  over USPS’s alleged retaliation against three probationary employees for reporting workplace injuries.   The resolution affects 59 post offices in Washington state, following DOL retaliation suits against the USPS in Oregon, California, and Pennsylvania since 2020.

The settlement bars repeat retaliation and directs $187,732 paid to the illegally terminated employees for lost wages, interest, and other damages.

Regional Solicitor of Labor Marc Pilotin stated:

“By issuing the broadest permanent anti-retaliation injunction to date, the U.S. District Court has recognized the U.S. Postal Service’s pattern of ignoring its own policies and unlawfully firing probationary workers who report injuries. The agency’s repeated and unlawful disregard of federal laws against employee retaliation has caused financial and emotional harm to workers and their families. This retaliatory conduct must stop at once.”

“This landmark injunction sends a clear signal to employers that retaliation — in any form — against employees who report workplace injuries will not be tolerated. The U.S. Department of Labor will continue to enforce federal protections of workers’ rights rigorously and combat retaliation. With this action, the USPS’ unlawful firings of probationary employees must come to an end. Immediate changes must be made to prevent these kinds of baseless, hurtful and unlawful terminations.”

Other agreement terms include:

• Giving injured probationary employees what they need to file workers compensation claims;
• Allowing them equal opportunity to pass probation;
• Having all terminations of injured probationary employees reviewed by a labor relations or human resources officer; and
• Giving employees notice and training on rights to report workplace injuries and associated medical restrictions.

Take-Aways:  

Private employers have the same responsibility to honor injury claims as the USPS is now specifically directed to do. Businesses must refrain from all retaliation against injured workers.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• A Memorable $3.6M Lesson: “Unforgettable” Roofing Co. Hit for Knee-Jerk Retaliation and Intimidation (December 4, 2023)
• Retaliation Wake-Up Call: Employer Discipline, Termination May Be Presumed Illegal (December 1, 2023)
• Pay Back on Retribution: Complaining Employee to Collect For Psychiatric Center’s Retaliation (October 1, 2021)

Helena Kobrin
August 9, 2024