A Peoria, AZ-based dentist has been ordered to pay $20,000 in back wages to an employee who was terminated for making allegations of unsafe work practices at the practice.

The Occupational Safety and Health Act (OSH Act) has whistleblower provisions that protect employees from retaliation after raising concerns about workplace health and safety issues and reporting injuries sustained in the workplace.  Employers are not permitted to take unfavorable employment actions against employees, such as demoting, denying overtime or promotion, disciplining, intimidating, making threats, or firing employees that raise safety concerns with their employers or report safety and health complaints to the Occupational Safety and Health Administration (OSHA).

In March 2020, a dental assistant at the practice of Dr. Monzer K. Al-Dadah LLC and Dr. Al-Dadah filed a complaint with OSHA about unsafe working practices related to COVID-19. The employee complained about the risk of contracting COVID-19 and refused a work assignment due to fears of contracting COVID-19. The worker also discussed workplace safety issues with coworkers. Dr. Al-Dadah made attempts to identify the individual who submitted the complaint, then terminated the dental assistant, who had worked at the practice for more than 20 years. The dental assistant then filed a complaint with OSHA about the termination and an investigation was launched.

OSHA determined that the dental assistant’s employer had violated the whistleblower protections of the OSH Act and a lawsuit was filed in April 2022. The Department of Labor has now obtained a judgment in federal court requiring back wages to be paid to the employee due to the unlawful termination. “Employees must be able to exercise their legal rights regarding workplace safety freely and without fear of retaliation by their employer,” said OSHA Assistant Regional Administrator Denise Keller in Chicago. “The outcome in this case reflects the Department of Labor’s commitment to protect workers’ rights.”

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