A complaint filed in Sacramento, Calif. federal court against Siemens Mobility Inc. claims that the company unfairly retaliated against an employee, ultimately firing him for raising workplace safety complaints. The lawsuit states four claims for relief under California law including retaliation, unlawful termination, and unfair business practices.
The filing explains that the plaintiff worked for Siemens in Sacramento as a welder, later promoted to weld specialist, in the mobility division of the urban transport unit beginning in 2010. For a decade, the California man claims there were no issues with his employment.
Problems allegedly began when he was asked to do a three-day assignment at a facility deemed the “depot,” in August 2020. After the initial assignment, the plaintiff was asked to return to the depot, but declined, citing unsafe working conditions like excessive heat, poor air ventilation, and welding code violations. Thereafter, the plaintiff was reprimanded with a three-day suspension.
The complaint details a series of exchanges between the worker and the company’s human resources department, wherein the plaintiff reiterated his safety concerns, but purportedly to no avail. It also specifies that at a later date, the plaintiff was required to wear a heavy jacket which he argues was wholly unnecessary for his welding work and limited his mobility and comfort. When he refused, he was again suspended.
After taking Family Medical Leave Act (FMLA) and unpaid leave to recover from COVID-19, the complaint says that the plaintiff was fired in April 2021. The stated reasons for his termination were insubordination and safety violations, the filing explains. At the time, the plaintiff was a salaried employee reportedly earning $55,000 per year.
The lawsuit says Siemens fired the plaintiff because he blew the whistle on worksite safety concerns in violation of California labor law. For relief, the ex-employee requests compensatory, punitive, and emotional distress damages as well as an award of his attorneys’ fees and costs.
The plaintiff is represented by Excelsis Law P.C.
