On the Job Safety and Wrongful Termination
It has often been said that life is nothing but a series of choices. “Should I marry this person?”, “Will my future be brighter by staying in school?” “Have I saved enough money to afford to buy this house?”
Maritime workers are similarly faced with choices when dealing with on-the-job safety. “Should I allow this vessel to leave port without the required number of licensed workers under U.S. Coast Guard requirements for this vessel? Should I continue supervising a job when I know it has been planned recklessly by the office in a manner which exposes my workers under me to unsafe working conditions?”
Along with making these choices comes fear and apprehension for standing up for on the job safety ¼ “If I report illegal conduct to the United States Coast Guard, will my company be within its legal rights to fire or discipline me?” “Can I legally refuse to perform an action which I know to be against the law and good sense yet still keep my job?”
The General Rule
Generally speaking, a maritime employer (absent a contractual relationship to the contrary or any action violative of civil rights laws) may discharge a maritime worker “at will.” That is, a maritime worker may be discharged under the law for “good cause” or “no cause,” or even for a cause which may be viewed as “morally reprehensible.” In plain terms, for the most part, a maritime worker may also walk off the job without notice or reason, leaving the employer short handed and without legal recourse.
There are, however, very important exceptions to the general proposition that an employer is free to fire or discipline an employee at its pleasure.
The Whistle Blower Statute
Under Federal Law, a maritime worker is protected from retaliatory actions –either discharge or demotion – by an employer in a response to the worker’s reporting, or imminent reporting, to the United States Coast Guard what the worker believes is a violation of a U.S. Coast Guard regulation or any other statutory or regulatory violation (local, state or federal) regulating the maritime industry. The purpose of the law, commonly known as “Whistle Blower Law” is “to promote compliance with maritime statutes and regulations by encouraging seaman ¼ to make reports to the Coast Guard without fear of termination or other reprisals.”
Found at 46 U.S.C. §2114, the statute reads:
Protection of a seaman against discrimination:
a) an owner, charterer, managing operator, agent, master or individual in charge of a vessel, may not discharge or in any manner discriminate against the seaman because the seaman, in good faith, has reported or is about to report to the
Coast Guard that the seaman believes that a violation of this Subtitle, or a regulation issued under this Subtitle has occurred.
Companies which ignore the protection of this statute and fire or demote a worker for such action may be held liable for severe and costly penalties. The statute further provides:
b) the Federal District court may order an appropriate relief including–
1) the restraining orders of this section; and
2) reinstatement to the seaman’s former position with back pay.
Within the maritime industry, this federal statute provides American maritime workers with significant protection and legal rights for the reporting of violations to the United States Coast .
“Blacklisting” of Maritime Workers
A common, but troubling, practice of “blacklisting” of workers exists within the maritime industry. Under this practice company managers or personnel department heads share information with other contractors within the industry “warning” of workers who have previously filed personal injury claims or have shown a tendency to be “troublemakers” when it comes to safety.
Companies may also, by custom, fire or discipline workers for filing personal injury claims.
The “blacklisting” of employees may expose the maritime contractors to damages for tortuous interference of contractual rights of a maritime worker. Under this legal doctrine a maritime worker may have the right to file suit against an employer who is engaged in retaliatory conduct to penalize an employer for protecting his rights under law.