Fired for calling MSHA on my employer

What is the name of your state (only U.S. law)? West Virginia.

Im a certified West Virginia coal mining electrician. I worked at the company for only one week before being fired for reporting the mine foreman for repeated serious federal and state violations. I was almost killed on the 3rd day of work because some kid that was not trained almost got my head blown off with some cutting torches. This mine foreman has no disregard for safety of employees or their life. I have employed an attorney and have met with several state and federal inspectors. I think this is going to be one interesting case. Has anyone in here ever dealt with being fired for whistle blowing in the coal industry?

Were you actually told you were being fired for reporting violations? By whom?

What have the experts you've told about the violations told you? That a lawsuit would be a slamdunk?

Do you have witnesses who will testify that they were aware of violations?

I've seen cutting torches. They don't blow people's heads off.

Hot Topic said:

Were you actually told you were being fired for reporting violations? By whom?

What have the experts you've told about the violations told you? That a lawsuit would be a slamdunk?

Do you have witnesses who will testify that they were aware of violations?

I've seen cutting torches. They don't blow people's heads off.

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I have several witnesses. I also have proof of the violations and the falsified documents the mine foreman signed.
Also you dont know anything about torches do you? Have you ever see a gauge explode? Having seen torches does not make you an expert on them! And yes this is a slam dunk case.
My attorney that i hired and some other ones were foaming at the mouth over this case. Do you know anything about the mining industry and the state and federal regulations that go with them?

Hot Topic was pretty particular in his question(s). Why are you not answering them?

Sure, you have a chance. But, it depends. Answer the question and stop arguing the "case".

tranquility said:

Hot Topic was pretty particular in his question(s). Why are you not answering them?

Sure, you have a chance. But, it depends. Answer the question and stop arguing the "case".

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Im not arguing the case and if you dont know anything about the coal mining industry or the state and federal regulations then you probably wouldnt understand this case. My attorney specializes in the coal industry representing coal miners. It is against state and federal law for a papered mine forman to falsify documents. He was not pre shifting the mine before the start of the shift and he wasnt doing his 2 hour checks. Yet he was documenting that he was. He was sending miners down without doing preshifts. He didnt have to tell me i was fired for calling MSHA on him. Firing me after i told him was enough. I will get paid and he will get federal time in prison. Its worthless people like this mine foreman that gets us miners killed underground. He puts production over our lives. Not only do i have an attorney that is representing me but i also have the WV state and federal inspectors representing me.

The foreman has to do methane checks starting at the mine entrance and down to where we are working. He has to document those times on the mine walls. Usually on a pad or on the mine wall itself with chalk. He was writing down fake times. Several of the times that he wrote down he wasnt even on the mine property. When you go through the guard gates at this mine they document when you come in and when you leave. He would show up about 9:30 am yet he would write down a time of about 6:30 am down in the mine. The miners would go down in the mine at 7:00 am. How could he check the mine at 6:30 when he wasnt even on the property? I really dont even need the other witnesses. Me being a state and federal certified mining electrician i also have moral and legal obligations to do correct and precise electrical examinations. If i falsify documents i can get someone hurt or killed. I can and will also go to jail for not doing my job the correct way. Coal mining is a very serious and dangerous business. I take my job serious and i dont like it when a maggot like this mine foreman puts my life or other lives in danger for the sake of production

We may not be experts at coalmining, but there are lots of people in these forums who are VERY familiar with whistleblowing lawsuits. The questions you were asked are directly relevant to how the law is applied. If you answer them, you may get some valuable feedback.

However, since you have such an awesome attorney with such a slamdunk case, I suppose you feel like you don't need our feedback, in which case I wonder why you are here at all! If you want help, help us help you by providing information we need to evaluate.

The OP goes to great length to explain the circumstances (which apparently none of us are smart enough to comprehend) but at the same time is adamant that he won't "argue" about it and refuses to answer very relevant questions asked by people who know what they are talking about.

I think the OP knows his case isn't so airtight after all, doesn't really trust his attorney, clearly HATES his foreman, and isn't so sure his personal vendetta will be successful in putting him on easy street. So he is seeking edification from strangers while at the same time maintaining his denial about the strength of his position.
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swalsh411 said:

The OP goes to great length to explain the circumstances (which apparently none of us are smart enough to comprehend) but at the same time is adamant that he won't "argue" about it and refuses to answer very relevant questions asked by people who know what they are talking about.

I think the OP knows his case isn't so airtight after all, doesn't really trust his attorney, clearly HATES his foreman, and isn't so sure his personal vendetta will be successful in putting him on easy street. So he is seeking edification from strangers while at the same time maintaining his denial about the strength of his position.
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If you will look at my first post you will see that i was not looking for advice from anyone in here. Where does it say anywhere in my post about looking for anyones advise? I was simply asking if there was anyone else in the forum who has been in the coal industry and was fired for whistle blowing. Im not looking to live on easy street. Im already semi retired and everything i have is paid for. Just looking to chat with someone else who was fired for the same thing i was that also works in the coal mining industry

janimal said:

We may not be experts at coalmining, but there are lots of people in these forums who are VERY familiar with whistleblowing lawsuits. The questions you were asked are directly relevant to how the law is applied. If you answer them, you may get some valuable feedback.

However, since you have such an awesome attorney with such a slamdunk case, I suppose you feel like you don't need our feedback, in which case I wonder why you are here at all! If you want help, help us help you by providing information we need to evaluate.

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I dont see anywhere in my post asking for help or advice. I asked in my post if there is anyone else in the coal mining industry that was fired for the same thing i was

When you post on a forum entitled Free ADVICE, it's kind of assumed that this is what you are looking for. And if you're not, then the joke is on you, not us, because that is what we provide. Not verification of your position.

I'm sure that at some point there must have been someone in the coal mining industry who was fired for the same thing you were, but whoever it is, they haven't registered here.

cbg said:

When you post on a forum entitled Free ADVICE, it's kind of assumed that this is what you are looking for. And if you're not, then the joke is on you, not us, because that is what we provide. Not verification of your position.

I'm sure that at some point there must have been someone in the coal mining industry who was fired for the same thing you were, but whoever it is, they haven't registered here.

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I can unserstand that but like i said. I wasnt looking for advice. Just wanted to chat with someone who has been through the same thing i have. I have watched rescuers bring out the body of a 20 year old miner who was only on the job for 2 weeks. He was killed because he wasnt properly trained and didnt know what he was doing. He was rushed into the job for the sake of production. The kids where i was doing my last job at was an average age of 21. Most of them didnt know anything about what was going on. Their training was rushed so the work could get done faster. I have been accused in here of having a vandetta against my boss and hating him. Its not him i hate. Its what he stands for. I have lost friends in the mines and my wife has lost family in the mines

wv_transplant said:

I can unserstand that but like i said. I wasnt looking for advice. Just wanted to chat with someone who has been through the same thing i have. I have watched rescuers bring out the body of a 20 year old miner who was only on the job for 2 weeks. He was killed because he wasnt properly trained and didnt know what he was doing. He was rushed into the job for the sake of production. The kids where i was doing my last job at was an average age of 21. Most of them didnt know anything about what was going on. Their training was rushed so the work could get done faster. I have been accused in here of having a vandetta against my boss and hating him. Its not him i hate. Its what he stands for. I have lost friends in the mines and my wife has lost family in the mines

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This is not a chat board.