Court Rules Doctor Illegally Fired Whistleblower Employee

A federal court ruled that an eye doctor and his upstate New York practice illegally fired an employee who reported a lack of COVID-19 protections. 

The U.S. Department of Labor initially filed suit against Dr. David Kwiat and Kwiat Eye and Laser Surgery PLLC in March 2022. 

OSHA investigators said the employee contacted state health officials over concerns the practice failed to implement state-mandated COVID-19 safety protocols.

The agency conducted a whistleblower investigation and found the doctor and his practice retaliated against the employee. 

Investigators said the employee was fired the same day the health department contacted the practice.

They also said Kwiat specifically cited the employee’s contact with state officials as the reason for the termination.

Whistleblower Protections

The U.S. District Court for the Northern District of New York agreed that the employee was protected as a whistleblower and had been retaliated against.

The court forbade Kuwait and the practice from future violations of OSHA’s anti-retaliation provision.

They were also required to post a notice saying employees will not be discharged or discriminated against for actions protected by OSHA.

“Workers have the right to raise safety and health concerns to their employers.”

OSHA’s Richard Mendelson

The court ordered Kwiat to pay a $1,250 contempt fine for discovery violations.

The court will hold a hearing to determine if the doctor and practice should pay damages to the terminated worker. 

“Workers have the right to raise safety and health concerns to their employers and file complaints with OSHA and other regulatory agencies without fear of termination and retaliation and the chilling effect such actions have on workers’ coming forward with concerns about health and safety hazards in their workplaces,” said OSHA regional administrator Richard Mendelson.