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My husband was recently terminated from his employment. Can we pursue a Whistleblower lawsuit?

Cambridge, MN |

My husband worked for a very well known soda company for 11 years and 4 as a branch manager. About 2 months ago he started raising his concerns about the constant DOT violations the company was having to his Regional Manager. The company was scheduling the drivers to violate the DOT hours. About a week later on a conference call between the Regional Manager & area branch managers it was asked that they NOT have their driver's "punch in" so that the DOT hours would be under control and that it was now the branch manager's job to ensure that happens. He again raised the issue with his boss as that is unethical. To control DOT hours he started to deliver product out of a truck and strained his back. He went on Worker's comp. He was released to work on Tuesday and fired on Thursday.

Attorney Answers 2


I would encourage your husband to consult in person with an employment lawyer. He may have a valid whistle blower claim.

My answers to questions posted on AVVO are intended to provide general information only, and are not intended to be legal advice. Employment law issues typically require a careful case-by-case analysis. Consequently, if you feel that you need legal advice, I would encourage you to consult in person with an employment attorney in your area.

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You husband should definitely consult with an employment attorney. In addition to the whistleblower claim, it's possible he has a worker's compensation retaliation claim. But both claims are very fact intensive and would require an interview.

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Thanks! We requested in writing the reason for his termination and got the letter in the mail Saturday. They now say they terminated him for his job performance. He was on Worker's Comp with restrictions until Tuesday. His personnel file has nothing in it from 2013. I did misunderstand my husband when he told me about the conference call. Apparently it was one of the other branch managers who suggested not having the driver's "punch in" to keep the hours down because the company was forcing the DOT hour regulations on them to ensure they don't violate, but the company schedules them to violate. The Regional Manager didn't respond to that branch managers comment. We are looking to meet with attorneys to discuss this.



Sorry I meant to say he was on worker's comp for 3 weeks and was released to work that Tuesday.

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