BOISE, Idaho — A Boise dog daycare facility and its former owner have been ordered to pay two former employees $25,000 each for being unlawfully terminated when they expressed concerns of exposure to the coronavirus in June of 2020 - judgement was issued on Monday.
According to the U.S. Department of Labor, two House of Hounds employees filed a whistleblower complaint claiming that they were fired after telling their employer, former House of Hounds owner Kayla Martin, that they were concerned about working with a co-worker who was, at the time, awaiting their COVID-19 test results.
During an investigation conducted by the Occupational Safety and Health Administration (OSHA), investigators claim that after the employees vocalized the health concerns, Martin told them to clock out and go home - later removing them from the work schedule and the company's social media platform.
Following their termination, the two employees applied for unemployment benefits. Those unemployment claims were then challenged by House of Hounds and Martin reported to the State of Idaho Department of Labor that the workers "quit," according to the U.S. Department of Labor.
The department stated that a third employee received similar treatment; however, that individual did not file an OSHA complaint.
The investigation provided sufficient evidence for OSHA to conclude that Martin and House of Hounds did indeed retaliate against the two employees. Additionally, OSHA claims that the employer violated federal whistleblower laws after the employees filed the initial complaint.
On Monday, Martin entered a consent judgement (otherwise referred to as a settlement agreement), in which she and House of Hounds LLC were ordered by Judge B. Lynn Winmill of the U.S. District Court for the District of Idaho to:
- Pay $50,000 in general and punitive damages.
- Provide a neutral employment recommendation.
- Remove any reference to the incident from their employment records.
- Publicly apologize on social media to the terminated employees.
- Provide OSHA-approved management and supervisory training.
- Post and send a notice to all new and some former employees of their rights.
"Our team works diligently to ensure the voices of employees who exercise their right to report alleged unsafe working conditions are heard," OSHA Regional Administrator Dorinda Hughes said. "This outcome serves as a reminder that retaliating against a worker who reports a safety and health concern will not be tolerated."
During the litigation, Martin sold House of Hounds.
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