On Monday, justice was served as a Boise dog daycare establishment and its previous owner were convicted of the wrongful termination of two former employees. Each terminated employee is to be granted $25,000 in compensation. The incident in question came about after the workers raised concerns about possible coronavirus exposure back in June 2020.
As per the official report from the U.S. Department of Labor, the two employees stepped up to lodge a whistleblower complaint. They had expressed their concerns to the then-owner of House of Hounds, Kayla Martin, about working with a co-worker who had yet to receive their COVID-19 test results.
Violation of whistleblower laws uncovered by OSHA investigation
Following an in-depth investigation, Occupational Safety and Health Administration (OSHA) discovered Martin had asked the employees to clock out and leave the workplace after they voiced their health concerns. She subsequently removed them from the work schedule, as well as from the company’s social media page.
After their termination, the two workers filed for unemployment benefits. However, House of Hounds contested these unemployment claims. What’s more, is that — according to the U.S. Department of Labor — Martin proceeded to report to the State of Idaho Department of Labor that the employees had voluntarily quit.
While a third employee faced a similar experience, they did not submit an OSHA complaint. Nevertheless, OSHA’s investigation yielded substantial evidence, leading to the conclusion that both Martin and House of Hounds had indeed engaged in retaliation against the two employees. Furthermore, OSHA alleges that the employer “violated federal whistleblower laws” following the initial complaint made by the employees.
Court orders Boise dog daycare to pay damages and take remedial actions
On Monday, the Honorable Judge B. Lynn Winmill of the U.S. District Court for the District of Idaho granted Martin’s settlement agreement. As per the court order, she and House of Hounds LLC are now obliged to fulfill the following requirements:
- Pay a total of $50,000, inclusive of general and punitive damages.
- Offer a neutral employment recommendation.
- Delete all mentions of the incident from employment records.
- Make a public apology on social media to the former employees.
- Provide all employees with OSHA-approved supervisory and management training.
- Give a notice to all present and past workers regarding their legal rights.
OSHA’s Regional Administrator, Dorinda Hughes, remarked, “Our team works diligently to ensure the voices of employees who exercise their right to report alleged unsafe working conditions are heard,” as per KTVB.
Perhaps, most interestingly, Martin reportedly sold House of Hounds during the legal proceedings. Regardless, this legal decision in favor of the employees underscores the importance of workers’ rights. Furthermore, it makes clear that everyone deserves to work in a safe environment. Hopefully, this outcome serves as a reminder to other businesses that the well-being of their employees should always be a top priority.
