News & Publications
Luzerne County Man Files Whistleblower Suit Against US Foodservice
Posted on May 18, 2009PRESS RELEASE
(US District Court, Middle District of PA; Civil Action No. 3:09-00921) Ronald Oliveri, Jr., of Pittston, PA, has filed a whistleblower lawsuit in federal court against his former employer, U.S. Foodservice, alleging that the company terminated his employment as a Transportation Manager because he complained about and refused to violate commercial driver safety regulations. Oliveri, through his attorneys at Rubin, Fortunato & Harbison P.C. in Paoli, PA, alleges that his termination violated both the Surface Transportation Assistance Act as well as public policy under Pennsylvania law.
About Oliveri’s Employment History and the Nature of the Claims
Oliveri started his employment as a Transportation Supervisor at U.S. Foodservice’s North Star division in January of 2007 and quickly established himself as a valuable employee, implementing profitable initiatives and increasing overall division performance. As a result, on a number of occasions, Oliveri was asked to travel to other company locations to conduct training and deliver speeches on best practices, all the while receiving salary and bonus increases and a promotion to Transportation Manager.
However, over time, it became clear to Oliveri that the Operations Manager at the Pittston site was violating federal drug testing laws applicable to the company’s commercial tractor-trailer drivers. Specifically, the Operations Manager delayed or excused certain drivers from random drug tests. In one instance, the Operations Manager allowed a driver who tested positive for cocaine use (months after he had initially been selected for a random drug test) to return to work as a tractor trailer driver without complying with return to work regulations issued by the Department of Transportation (“DOT”). Oliveri complained about the safety violations directly to the Operations Manager as well as to the company’s Area Human Resources Manager on multiple occasions, yet the conduct continued.
Oliveri also discovered significant equipment issues at the site relating to vehicle maintenance and safety, which may have contributed to accidents, injuries, and in one case the possible death of a driver. But when his concerns were brought to the Pittston Operations Manager, they were again dismissed.
By October of 2008, Oliveri felt compelled to escalate his concerns for the safety of the drivers and the public because he had been ignored time and again by the local representatives with the power to remedy the issues. On October 14, 2009, Oliveri contacted the U.S. Foodservice “Check-In Line,” a national compliance hotline established for employees to be able to report suspected legal or ethical violations with complete anonymity and the promise of no retaliation whatsoever.
The following morning, the Pittston Operations Manager called Oliveri to his office, reported that he knew of the call that Oliveri had made, fired him (later claiming that Oliveri had engaged in “gross misconduct”), and escorted him from the building. While an internal U.S. Foodservice investigation was completed in the following weeks, and Oliveri was interviewed during the process, the results of the investigation were never shared with him. During that time, Oliveri notified the Maryland Division of the DOT of his concerns, who later found that they were, indeed, valid.
Oliveri is seeking reinstatement to his job, compensation for lost wages, damages for the emotional distress he has suffered as a result of his firing, punitive damages for the company’s malicious and reckless conduct, as well as attorneys’ fees and costs incurred to pursue his legal rights.
About the Company
U.S. Foodservice is a commercial motor carrier based in Columbia, Maryland, engaged in transporting commercial goods on the highways. The company, according to its website, employs over 27,000 people and has over 70 distribution centers across the country, including the full service Pittston distribution center, which operates as part of the “North Star Foodservice” division.
Plaintiff’s Counsel
Rubin, Fortunato & Harbison P.C. has built a nationally-respected employment law practice based in suburban Philadelphia, PA, representing both corporations and individuals in virtually all areas related to employment law. Julie A. Uebler, lead attorney for this matter, has focused her work exclusively on employment law for over 16 years, now representing employees in a variety of employment-related disputes, including wrongful discharge and retaliation matters.
Defendant’s Counsel
A. Jack Finklea, Esq. of Scopelitis, Garfin, Light, Hanson & Feary of Indianapolis, IN represents U.S. Foodservice in this matter.
# # #