09-2296 Formella v. DOL

By: WISCONSIN LAW JOURNAL STAFF//December 10, 2010//

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Employment
OSHA; safety-related complaints

Where an employee was terminated not for making a safety-related complaint, but for the disruptive manner in which he did so, his termination was not unlawful.

“The ALJ’s factual determination that Schnidt fired Formella not because he refused to drive the truck assigned to him but because he was insubordinate and disruptive in expressing his safety concerns is supported by substantial evidence. Although Formella was entitled to some leeway for inappropriate behavior in voicing his concerns and refusing to drive his assigned vehicle, the Board was neither illogical nor arbitrary in sustaining the ALJ’s determination that Formella exceeded that leeway in provoking and antagonizing his superiors.”
Petition Denied.

09-2296 Formella v. DOL

Petition for Review of an Order of the Occupational Health and Safety Administration, Rovner, J.

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