Cases & Deals

Robinson Terminal Warehouse whistleblower action alleging discharge for raising safety concerns is dismissed after one-day trial

Clients Washington Post Company, The

Jones Day represented Robinson Terminal Warehouse Corporation (RTWC) in a whistleblower action arising under the Surface Transportation Assistance Act, 49 U.S.C. § 31105. Complainant Michael Anderson, a former truck driver for RTWC, alleged he was fired by RTWC in retaliation for his reports to RTWC management and to the Virginia State police of safety violations associated with the Company's trucks. A one day administrative trial was held on July 24, 2006 in Washington, D.C., which involved testimony from six witnesses, including a Virginia State Trooper who testified on Anderson's behalf. On December 5, 2006, Administrative Law Judge Stephen Purcell issued his decision. Judge Purcell found that Anderson had made safety complaints and that these complaints constituted "protected activity" under the pertinent statute; however, any employment action that RTWC took against Anderson was not caused by Anderson's protected activity. Consequently, Judge Purcell ruled that Anderson's complaint be dismissed.

Anderson v. Robinson Terminal Warehouse Corp., Case No. 2006-STA-00028 (DOL)