e-Smart Technologies Inc must pay back wages with interest and approximately $600,000 in compensatory damages to a California worker by order the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA). The whistleblower was discharged by the company after raising concerns about misinformation contained in a draft public filing. OSHA also ordered the company to reinstate the whistleblower to his former position.
The action resulted from a whistleblower investigation conducted by OSHA's regional office in San Francisco under the whistleblower protection provisions of the Sarbanes-Oxley Act of 2002. The investigation substantiated the employee's complaint stating his job duties were systematically removed and his paychecks were delayed and ultimately stopped after he questioned the accuracy of several statements made in the company's Securities and Exchange Commission filings.
In addition to requiring e-Smart Technologies to fairly compensate and rehire the whistleblower, OSHA's order instructs the company to provide a neutral reference, expunge his personnel file of any reference to his exercise of rights under the Sarbanes-Oxley Act and post a notice to employees outlining whistleblower protections. (workersxzcompxzkit)
The company or complainant may file objections or request a hearing before the Labor Department's Office of Administrative Law Judges within 30 days. e-Smart Technologies is a registered Nevada corporation with an office in New York.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers' Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.
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