Complaints of Insect Infestation Gets Worker Fired

According to a recent press release by the U.S. Department of Labor (DOL), a journalist who suffered bug bites at the Killeen Daily Herald in Texas was fired illegally for complaining about it to the newspaper’s management.

In May and June 2021, the reporter—an employee for the newspaper—sent messages to company management complaining about the insect infestation within the workplace and the bug bites received. The worker examined and identified the insects as “no-see-ums” or “biting midges.” After sharing this information with Killeen Daily Herald management, the company responded by terminating the reporter. 

Whistleblower Investigation Finds Violations 

The firing initiated a whistleblower investigation, in which the DOL’s Occupational Safety and Health Administration (OSHA) determined that the newspaper had violated federal laws designed to protect workers who report workplace safety and health issues. This month, the DOL filed suit against Frank Mayborn Enterprises Inc., owner of the newspaper.

“Rather than addressing an employee’s concerns about the safety and health of their workplace, the Killeen Daily Herald terminated their reporter who sought to prevent workplace exposure to unknown diseases carried by the insects,” said OSHA Regional Administrator Eric S. Harbin. “The U.S. Department of Labor investigates violations of federal whistleblower statutes and protects workers who exercise their right to raise safety concerns without the fear of retaliation.”

DOL Suit Asks for Employee Reinstatement, Back Wages

In its August 29, 2022, filing in U.S. District Court for the Western District of Texas, the DOL alleged that the Killeen Daily Herald fired the employee for engaging in protected activity and asked the court to order the newspaper to comply with remedies that included federal anti-retaliation provisions, the reinstatement of the employee, and payment of the employee’s back wages with interest, along with compensatory and punitive damages.

“When employers retaliate against their workers for reporting unsafe working conditions, the department will work vigorously to secure the appropriate legal redress for workers,” said Regional Solicitor of Labor John Rainwater. “The department is dedicated to ensuring safe and healthful working conditions guaranteed by the Occupational Safety and Health Act.”

To learn ways to keep your facility free from pests, see Discover Clues in Pest Control.