The New Hampshire Supreme Court revived a truckdriver's wrongful termination suit last week against a natural foods distributor that fired him because he complained the number of hours he was required to work violated federal law.
Robert Bliss was fired from Stow Mills of Chesterfield in 1994 after he refused to drive a delivery route through Massachusetts and Connecticut because it required that he be on the road for more than 15 straight hours, according to published reports.
The trial court dismissed Bliss' claim under the Whistleblower's Protection Act, saying he had not exhausted all of his administrative remedies. The high court ruled that was a mistake.
The Surface Transportation and Assistance Act of 1983 required the Federal Highway Administration to establish extensive safety regulations for long-haul drivers and motor carriers.
"In order to encourage the reporting of safety violations, the STAA affords drivers who refuse to break the law or drive vehicles they believe to be unsafe some degree of protection from retaliatory actions by employers," the high court said in its ruling.
Stow Mills had argued that the state trial court should dismiss the case because it didn't have jurisdiction over a federal issue, the Concord Monitor reported. But the state Supreme Court said the law does allow for people to file such complaints with state courts and state agencies.