Contract worker awarded $84,000
By Christopher Williams
,
Staff Writer
Thursday, June 19, 2008
AUBURN - A jury awarded $84,000 in back pay and damages to a New Gloucester electrician who blew the whistle in 2004 on work at Saddleback Ski Area done by unlicensed employees.
Robert Duggan Jr., 37, said Wednesday "it's been a nightmare" and he's glad it's over.
An Androscoggin County Superior Court jury awarded Duggan $2,000 in lost wages and $40,000 for his pain, suffering and mental anguish from Saddleback Inc. and the same amounts from Sargent & Sons Builders, the general contractor on the job.
Duggan worked for Farmington-based Integrity Electrical Installation and Service Inc. on a renovation of the ski lodge. Under new ownership, the Rangeley ski resort undertook a $20 million project that also included new ski lifts, trails and snowmaking equipment.
Duggan, a journeyman electrician working as a foreman for Integrity, said he was fired because he expressed concern over work that violated state electrical codes performed by unlicensed workers employed both by Saddleback and a Michigan company contracted to install snowmaking equipment on the mountain.
He reported the work, which he said was potentially dangerous, to his immediate boss and to the manager at Saddleback and, eventually, to a state electrical inspector.
His lawyer, Rebecca Webber of Auburn, sought to prove that both the ski area and the general contractor pressured Duggan's bosses to fire him.
The jury agreed after roughly an hour's deliberation on Wednesday afternoon, about three days after the trial started.
Steven Langsdorf, the lawyer for Saddleback, argued that it was Integrity that sought to reassign Duggan after he confronted other workers on the project at a bar one night and insulted them.
Though Sargent and Sons was upset with Duggan and reportedly told Duggan's boss, "You've got to get rid of him," Langsdorf said there was "no evidence at all that anyone at Saddleback told him or communicated that."
Langsdorf said he and his client were "surprised and disappointed" by the verdict. "We thought the evidence was clear that all employment decisions about Mr. Duggan were made by his employer, Integrity Electric." He said Saddleback would consider appealing the decision.
Sargent defaulted and declined to challenge the complaint at trial.
For his part, Duggan said he had tried to work out the problem with his boss at the time, then with his union. He later presented his case to the Maine Human Rights Commission, which sided with him. After resisting hiring a lawyer for himself for two years, he finally did when the burden of the legal case overwhelmed him.
Four years later, he's glad he got help.
"If you can imagine yourself seeing someone, an arsonist, dumping gasoline on a building and lighting it on fire," he said. "You call the police station and you call the fire department. The police never show up. The arsonist walks away. The house burns to the ground. Years later the police show up and say, 'Where's the arsonist?' 'What fire?' That's what it's felt like the last four years."
Duggan said he knows he did the right thing even though his protests didn't shut down the project.
His faith in the system was restored Wednesday. "I believed the jury would see through this," he said. "And they did."
It's not over yet.
Justice Joyce Wheeler is expected to rule on other counts brought by the Maine Human Rights Commission and Duggan. She will decide whether Integrity discriminated against Duggan in violation of the Whistleblowers Protection Act and the Maine Human Rights Act. She also is expected to decide whether Saddleback coerced or compelled Integrity because Duggan blew the whistle. |
CLICK HERE To Show/Hide Discussion Thread - (10 Comments)
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Posted By:David at June 19, 2008 7:24 AM (Suggest Removal) I'm disappointed by this verdict. Duggan was not fired for whistle blowing. He was fired for causing problems with other workers after he had been drinking. I hope Saddleback appeals this and the verdict is overturned. $80,000 for pain and mental anguish over being fired is insane. As I understand the situation he was not fired but was removed from that project and put to work by Integrity somewhere else. Employers should be able to assign workers wherever they will benefit the employer the most. I hope Mr. Duggan is blackballed and never works again. I know I would never let him on any of my projects.
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Posted By:guess who at June 19, 2008 7:33 AM (Suggest Removal) GOOD JOB DUGGAN!!!!!
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Posted By:RED&BLUE at June 19, 2008 8:12 AM (Suggest Removal) Robert, kudos for a job well done maybe someone will not be hurt or killed while @ saddleback!!!
David I agree employers should be able to assign workers where ever they want..... But only if they are qulified to do the job here in Maine as well as most states that means having the proper training in that field!!! Mr Duggan as long as he is in the Union will NEVER be blackballed for doing whats right!I doubt after your comments Mr Duggan or any other person of integrety would work for you!!!
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Posted By:Skowhegan Dude at June 19, 2008 8:19 AM (Suggest Removal) Good for you Duggan.
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Posted By:concerned citizen at June 19, 2008 8:28 AM (Suggest Removal) This is why our insurances and bills are so high! $80,000 for pain and mental anguish, give me a break! I'm sure we do not know the whole story. I don't believe Integrity would have fired someone for no reason at all. Maybe that is why he did not sue Integrity, but was looking for free money.
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Posted By:Veritas at June 19, 2008 8:36 AM (Suggest Removal) Looks like 'David' and 'Concerned Citizen' didn't get on the stand with their 'Testimony' and are crying crocodile tears. The evidence must have been pretty compelling, as it took only an hour for the jury to reach a verdict.
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Posted By:Gene at June 19, 2008 8:55 AM (Suggest Removal) A jury of our peers! It's not easy to have 10-12 people all in agreement! They heard ALL the facts!
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Posted By:David at June 19, 2008 9:28 AM (Suggest Removal) Justice for all, you should have gotten more facts before your rant about someone not being hurt or killed at Saddleback. State electrical inspectors did check the work that Duggan complained about and found NOTHING wrong with it. $80,000 is not justice, its extortion and it sets a bad precedent. An employer should be able to fire anyone they want to for any reason. He was removed from thar site for causing friction with other workers, not because he called the state. His own union chose not to pursue the issue. Why not? Simple, they didn't think he had a case.
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Posted By:Veritas at June 19, 2008 1:10 PM (Suggest Removal) David - If his own Union chose not to pursue the issue because they didn't think he had a case - they were obviously wrong. That's what Courts and Juries are for.
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Posted By:edmund at June 19, 2008 9:44 PM (Suggest Removal) Well done bobby d. One for the little guy.
Never ceases to amaze me when year after year we hear of how these companies screw us over (enron etc)
and yet there is always a line of spineless jellybellies ready to stand in their corner.
Obviously these idiots have no idea how much even unions pander to these companies to win the next job.
You should feel proud of this victory - residents of Maine should applaud you - for taking the challenge of protecting their jobs and safety. No doubt these clowns support george jr. in letting millions of illegal aliens come here, that also steal American jobs - most likely working for heartless, uncaring, profiteering outfits like these ones. These same companies also export our jobs and care nought for us. Wise up people - stand up and support this HERO.
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