Michigan Supreme Court to Decide on Asbestos Whistleblower Claim
The fear of a future mesothelioma diagnosis drove information technology worker Cleveland Stegall to approach the management at Fiat Chrysler about workplace safety. When no action was taken to address asbestos contamination in the plant, he went to state and federal authorities to voice his concerns, and after that, the company fired him. Now, he is pursuing a whistleblower lawsuit alleging he was fired in retaliation for having reported the hazardous conditions, and though his claim was initially dismissed, the Michigan Supreme Court has agreed to weigh in on his claim.
Fear of Mesothelioma Drives I.T. Worker to Report Asbestos Hazard at Fiat Chrysler
Asbestos exposure has been directly linked to being diagnosed with malignant mesothelioma, asbestosis, and other deadly diseases, and that’s why Mr. Stegall went to his company’s management and asked them to act. The assembly plant area that he traversed each day had warning signs about asbestos and dust, but he was offered no personal protective equipment. Though the company did ask for a report from an in-house health and safety manager and an outside consultant, both opined that the plant floor was not hazardous, and the company refused to perform air quality tests that would reassure him that his workplace was safe.
Facing the company’s decision, Mr. Stegall reported his work conditions to several agencies tasked with workplace safety, including the state and federal Occupational Safety and Health Administration. He was fired soon after, and in response to what he viewed as wrongful termination, he filed a lawsuit in which he accused the company of violating whistleblower protection laws. In response, Fiat Chrysler asserted that his entire shift had been eliminated because the company had discontinued manufacturing a specific auto model.
Lower Courts Deny Whistleblower Claim, but Supreme Court Will Hear the Case
The trial court assigned to Mr. Stegall’s asbestos whistleblower case found in favor of Fiat Chrysler’s petition for summary judgment and dismissed the case, and that decision was upheld by the appeals court that reviewed it, but he appealed their decision to the Michigan Supreme Court. Upon review, the high court noted that employees are entitled to pursue a private cause of action if they believe they’ve been fired for reporting a violation of workplace safety laws.
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