Exam T
IF A WHISTEBLOWER BLOWS HIS WHISTLE...? OUTCOME: Joe’s case was dismissed.
he trial court explained that, in order to main- tain a whistleblower retaliatory discharge
cause of action under the law of the state where Joe filed his lawsuit, Joe would have had to have reported the alleged illegal activity to some entity other than those persons who were engaged in the illegal activity—in other words, someone be- sides his boss and the vet. Because Joe admitted in his lawsuit that he hadn’t complained to anyone else, the trial court concluded that Joe’s complaint was insufficient to maintain his cause of action. This case highlights a number of common
problems in the horse industry. While we might hope that it is rare for the employer of an injured person to be so callous, the reality is that many employers view an employee injury as a hassle and an unexpected cost. Many do not carry workers’ compensation insurance, and even if they do they are reluctant to make a claim be-
cause either way, a hospital bill is just going to cost them money. Employees, like Joe, can sometimes face the difficult choice between seeking treat- ment to which they are entitled or keeping their job. They shouldn’t have to choose between the two, but they sometimes feel that way even when it isn’t put to them in such stark terms. The prob- lem is compounded by the fact that many workers are uninsured and lack the financial resources to simply seek medical treatment on their own. The likelihood of being injured when you work with horses is very high. Employees should assume they will be injured at some point, and in a perfect world will address with their employer what their protocol should be if they are injured on the job. But in reality, that rarely happens. On the flip side, employers should review on-the-job injury pro- tocol with employees at the start of their employ- ment. Again, the reality is that rarely happens. It is obvious what the right thing for an employ-
er to do is when an employee is injured. What is less obvious is what an employee, like Joe, should do when s/he finds her/himself in Joe’s situation. In my experience, if an employer is not a decent enough human being to rush an injured employee to seek appropriate medical treatment, then that injured employee will likely get fired soon anyway. As a result, I would advise an employee who has sustained a serious on-the-job injury to:
Seek immediate and appropriate treatment
for all injuries from an appropriate (human) medical professional. Disclose to the medical professional/facility
that the injuries are work related. Provide the medical facility with the name and
contact information for your employer. Follow the post-treatment advice of medical
professionals, particularly as to the management of your injury and work-related restrictions. Communicate (4) above to your employer, and Hope for the best.
If your employer is going
to fire you for sustaining an on-the-job injury, at least you will have put yourself in the best possible posi- tion for dealing with an already bad situation.
Sticking around, getting stitched up by the
vet, and then complaining loudly (like Joe) will get you nowhere. It’s not where you want to be anyway.
50 July/August 2014
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