Madison v. United States Department of Labor

Kenco employed Madison as a quality engineer from May 13 until August 9, 2013. Kenco provided warehousing services to Mars, a global manufacturer of food products. Madison alleges that her discharge followed adverse employment actions Kenco took in retaliation for food safety concerns she had raised with her superiors. Following her discharge, Madison filed a complaint with the Occupational Safety and Health Administration (OSHA), seeking whistleblower protection. OSHA dismissed her complaint. In a de novo proceeding conducted at Madison’s request, an ALJ entered a summary decision against her. The Department of Labor’s Administrative Review Board dismissed her appeal as untimely. The Seventh Circuit denied her petition for review. Regardless of whether the agency’s mistake in directing the initial mailing of the ALJ’s decision to counsel’s former address amounts to an extraordinary circumstance which stood in the path of Madison’s pursuit of her rights, Madison cannot show that the Board abused its discretion in refusing to equitably toll the statutory appeals period long enough to deem her appeal timely. Subsequent events removed any obstacle that may have prevented her from filing a timely appeal. After a second mailing and email correspondence, Madison’s counsel could be expected in the exercise of due diligence to take action more quickly than he did. View "Madison v. United States Department of Labor" on Justia Law