Whistleblower protection won’t stop lawsuit
Published 10:37 pm Tuesday, September 29, 2015
Lear Corporation, the owner of Renosol Seating in Selma, will now be allowed to gather evidence for a lawsuit filed against a former employee.
A ruling made last Tuesday by Montgomery County Circuit Court Judge William Shashy states that a federal court order to protect whistleblowers does not apply to the lawsuit.
“We are very pleased with the judge’s decision that will now allow Lear the opportunity to move forward with this important case,” a statement from Lear Corporation read.
The United Auto Workers union, which has been involved with the case, declined to comment on the ruling due to pending litigation.
Lear’s lawsuit accuses Kimberly King, who worked at Renosol Seating for 10 years, of “intentional interference with business relations and defamation.”
The ruling will allow Lear to request documents from the United Auto Workers union and other entities that hold information regarding the lawsuit.
“This court perceives no violation of the Federal Court Order by permitting Lear to proceed with its business interference claims and allowing discovery,” Shashy’s ruling read.
The ruling also states that King’s medical records are relevant to the suit, which allows Lear to subpoena them from doctor’s offices as well
Lear fired King and filed the lawsuit in March after she tried to deliver a letter to a Hyundai plant in Montgomery, which is one of Renosol Seating’s main customers.
The letter asked the auto manufacturer to “make the necessary investments to ensure good, safe, fair working conditions throughout its supply chain.”
A federal court order states King and others “blocked the employee entrance to the Hyundai facility, and police officers later escorted them from the premises.”
King made allegations against Renosol Seating saying a chemical used in the process of making foam for seat cushions, toluene diisocyanate (TDI), made her and other employees sick.
The original complaint, which was made in 2014 by King and nine other employees, launched an investigation by the Occupational Safety and Health Administration (OSHA) into the Selma plant’s air quality and levels of TDI inside.
Tests conducted by OSHA and an independent company between May and November 2014 showed that TDI levels in the air were within the legal limit.
The U.S. Department of Labor filed a temporary restraining order against Lear after King was fired and sued.
The order alleged Lear of retaliating against King for being a whistleblower and ordered Lear to cease any action that could be interpreted as retaliation against current or former employees.
In a statement released by Lear in April, the company said the allegations stem from an attempt by the UAW to unionize the Selma plant.