PORTLAND, OR – After a two-day bench trial, the U.S. Department of Labor secured a federal court judgment ordering the U.S. Postal Service (USPS) to pay $141,307 in lost wages and damages for emotional distress to a probationary mail carrier. The employee was terminated after reporting an on-the-job injury to their supervisor and filing an accident report.
Judge Adrienne Nelson of the U.S. District Court for the District of Oregon determined that USPS discriminated against and wrongfully terminated the employee 21 days after they reported suffering a leg injury while unloading mail from a USPS truck. The termination occurred 11 days before the end of the probationary period. This judgment follows an investigation by the department’s Occupational Safety and Health Administration (OSHA) and litigation filed by the department’s Office of the Solicitor when administrative settlement efforts failed.
Since 2020, the Department of Labor has initiated nine federal lawsuits aimed at protecting USPS probationary employees who were similarly fired after reporting injuries in California, Oregon, Pennsylvania, and Washington. Investigations revealed that USPS often did not adhere to its own policies regarding probationary evaluations and completion of required forms such as PS Form 1750. In this case, Judge Nelson noted that USPS's failure to follow these procedures indicated “evidence of retaliatory intent.”
“Unconscionably, the U.S. Postal Service has fired probationary employees repeatedly after they reported workplace injuries,” said Regional Solicitor of Labor Marc Pilotin in San Francisco. “Employees and their families are harmed by these baseless terminations. In fact, the Oregon court found they caused ‘significant mental, emotional and financial stress’.”
The Department of Labor has identified a recurring pattern in similar actions by USPS since 2020. OSHA has resolved five related investigations in California, Florida, Illinois, and New Jersey and currently has three similar cases awaiting trial against USPS in Washington state. Federal law prohibits employers from taking adverse actions or punishing employees who report an injury or workplace hazard.
The Oregon decision is one among several recent court orders favoring the department’s stance. Last year, a federal court in Tacoma issued a summary judgment finding that USPS had retaliated against another probationary employee who reported a workplace injury.
In another ongoing case, negative inferences were drawn against USPS for terminating an employee shortly after they reported an injury and failing to preserve critical evidence by destroying text messages and personnel records. The court ordered USPS to pay $37,222 in attorney’s fees with final decisions on back wages, damages, and other issues pending trial.
“We will continue to combat retaliation and seek systemic change at USPS to ensure it protects those workers who deliver for our country,” Pilotin added.
Learn more about OSHA’s Whistleblower Protection Programs.
Editor’s note: The U.S. Department of Labor does not release the names of employees involved in whistleblower complaints.
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