An employee at a Porsche dealership in Texas has had his job reinstated after he was unjustly fired after warning co-workers of a positive Covid-19 infection at the dealer.
The incident occurred in December 2020 when Michael Pacho discovered that an employee at the dealership had tested positive for Covid-19 after having close contact with a number of other employees. Pacho alerted management to the infection in the hopes that they would inform other employees and take steps to reduce transmission.
However, after management failed to take action, Pacho sent an email to employees informing them of the situation. In the email, he stated “It has come to my attention that an employee has tested positive for Covid-19. I feel it is important to inform all employees.”
Less than one hour later, management at Hi Tech Imports allegedly terminated Pacho’s employment, falsely claiming he had identified the employee with Covid-19 and telling Pacho that “his only job was to fix cars.”
The U.S. Department of Labor filed a federal lawsuit against Hi Tech Imports in October 2021 following an Occupational Safety and Health Administration investigation that revealed it had violated the OSHA Act of 1970 which prevents employees from being punished for raising a health or safety concern with their employers.
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The dealership reached a settlement on March 20 with Pacho. He will have his job reinstated, receive more than $100,000 in back pay, and be awarded $15,000 in compensatory damages.
Hi Tech Imports denied the allegations and while it agreed to a consent judgment, it did so “without admitting any violations of the act,” Auto News reports. The dealership has also been ordered to post an ‘OSHA Facts: Know Your Rights as a Whistleblower’ sheet on a bulletin board or in a memo.
