Did AT&T Suspend Workers for Violating Safety Rules…or for Reporting Injuries?

In an attempt to manage risks and enforce its safety policies, AT&T appears to have walked head-on into what is sure to be a costly battle with government-funded lawyers.

U.S. Department of Labor attorneys filed a lawsuit against the company for suspending 13 workers without pay, allegedly for reporting workplace injuries.

The company determined that employees had violated its policy on safe use of ladders, its ergonomics policy, and other safety policies; issued written disciplinary warnings; and assessed suspensions of one to three days.

“It is against the law for employers to discipline or suspend employees for reporting injuries,” Dr. David Michaels, assistant Secretary of Labor for Occupational Safety and Health, stated in a press release. He added that, by discouraging workers from reporting injuries, AT&T increases the likelihood of more workers being injured in the future, and the Labor Department will act to prevent such retaliation.

In this case, both sides have deep pockets to fund the litigation, but the case raises questions as to how small employers should deal with discipline when an injury is involved.

Spring Conference Tie-In: Our Spring Conference in San Antonio will offer not only a panel discussion on Risk Management for the Workplace, but also a breakout Q&A session with HR attorney David A. James.

The FEMA Services Corp., Inc. will sponsor both sessions; it also sponsors the free 30 minutes of human-resources-related legal advice that our attorneys, David James and Joe Schmitt, provide to members.

For details on this free service, or for more information on the Spring Conference in San Antonio, April 6-9, contact the Association office.