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DOL sues chemical manufacturer over alleged retaliatory firing

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DOL

The U.S. Department of Labor is suing a Georgia pesticide and agricultural chemical manufacturer over allegations that the company illegally fired a worker who filed a workplace safety complaint with federal regulators.

The DOL said Monday that it filed suit in the U.S. District Court for the Northern District of Georgia against Gainesville-based Avenger Products LLC and parent company Kittrich Corp. over claims that the worker was terminated in retaliation for raising safety concerns associated with chemical exposures in the workplace.

The lawsuit follows a federal whistleblower investigation by the Occupational Safety and Health Administration.

“Retaliation by employers like Avenger Products against employees who exercise their protected rights under the law creates a chilling effect on the willingness of other employees to cooperate with federal safety investigators,” Lily Colón, OSHA assistant regional administrator in Atlanta, said in a statement.

The lawsuit seeks to have Avenger Products pay the former customer service manager back pay, compensatory and punitive damages, and damages for emotional distress.

The DOL said the company has a history of workplace safety violations over a 20-year period, with $254,189 in proposed penalties between June 2018 and December 2019.