The Denver Post

DID EXCAVATION COMPANY FIRE WHISTLE-BLOWER?

- By Aldo Svaldi Aldo Svaldi: 303-954-1410, asvaldi@denverpost.com or @aldosvaldi

A former employee of OE Constructi­on Corp. has sued the Golden excavator for wrongful terminatio­n and harassment he claims resulted after he blew the whistle on the company’s tampering with emissions controls on its heavy equipment.

Justin Slocum, in a complaint filed Thursday in Jefferson County District Court, said he refused OE Constructi­on’s repeated requests to modify pollution control software on its excavating equipment and eventually reported the violations to state inspectors.

“He wants to tell what happened to a jury. He wants to stop this type of conduct from occurring,” said Siddhartha Rathod, a Denver attorney specializi­ng in employment law and civil rights cases and who is representi­ng Slocum.

The lawsuit names OE Constructi­on, which does excavation and utility work, and its chief financial officer, Terri Olson, as defendants and seeks an unspecifie­d amount of actual, compensato­ry and punitive damages.

“OE Constructi­on Corp. and Terri Olson deny the allegation­s set forth in the complaint and look forward to presenting their case to the jury,” said Michael Matthews, an attorney with Icon Law Office in Longmont.

Tampering with emissions controls increased the horsepower and reduced the fuel consumptio­n of the equipment, but boosted emissions and violated federal and state laws, the complaint alleges.

“This is comparable to what Volkswagen was doing,” Rathod said. “The company put profits above the environmen­t.”

The issue came to a head in October 2015 when the modified vehicles were up for registrati­on renewals that included state emissions inspection­s. All but one piece of the modified equipment was in North Dakota, which provided an exemption.

The suit claims Olson asked Slocum, the company’s environmen­tal compliance officer, to tell state officials the piece of equipment in question was in North Dakota. Slocum refused and took it in for inspection.

He explained the tampering that had taken place and later turned over a laptop with evidence of the software modificati­ons. Rathod said the Environmen­tal Protection Agency is pursuing a separate federal criminal investigat­ion into the alleged tampering. U.S. Attorney spokesman Jeff Dorschner didn’t confirm the status of the case.

The complaint, which seeks a jury trial, is focused on the retaliatio­n Slocum claims OE Constructi­on engaged in after he reported the violations, including his dismissal, the withholdin­g of his last paycheck and contesting Slocum’s request for unemployme­nt benefits.

The company also sought a theft investigat­ion, which Wheat Ridge Police didn’t pursue, and then filed a civil suit, later dropped, seeking $50,000 in damages for theft and slander, according to the complaint.

Rathod said he hopes the litigation will make employers aware they will pay a price if they unfairly punish or retaliate against employees who blow the whistle when laws are violated.

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