Court finds against Saddleback

2008-11-05 / Community & Local News

AUBURN — The Androscoggin Superior Court recently handed down a ruling finding that Saddleback and others violated the Maine Human Rights Act when Master Electrician and foreman, Robert Duggan, was fired from Saddleback's worksite for reporting serious electrical safety hazards and for reporting electrical work being done by unlicensed workers.

Back in June, a jury took less than an hour to find in favor of Duggan on claims that Saddleback and its general contractor intentionally interfered with Duggan's employment. Because only a court can decide certain issues, the court in this case had to handle certain claims under the Maine Human Rights Act after the jury came to a decision on the claims of intentional interference.

In its opinion, the Court found that Saddleback forced Duggan's direct employer, Integrity, to fire him because it was angry he had exposed illegal and unsafe work at the Saddleback jobsite.

Indeed, Duggan reported that grounds crew was installing high voltage electrical lines that should only have been installed by licensed electricians. One of the results of failing to use an electrician was, as Duggan reported, the 480-volt cable was installed incorrectly, without any warning tape or the tape was placed right on top of the cable. In addition, damaging boulders and debris were bulldozed onto high voltage cable that had only flexible metal covering. If that debris damaged the covering, the area could become energized while skiers are unknowingly traversing the area on the wet snow. Snow conducts electricity.

After Duggan reported those safety risks to the State Electrical Inspector, he was forced out of his job. The Court also found that Saddleback employees and workers for the general contractor made threats of harming Duggan. As the Court held, Saddleback told Duggan when he went to them first before going to the State, "We're a small mountain. We do what we want."

Rebecca Webber, the attorney who represented Duggan at the jury trial, said that her client felt as if he had finally been heard once he was able to tell his story to the court, and that it was important to protect those who report safety violations to save the lives of the public which would otherwise be at risk. Duggan's license mandated that he follow the Electrical Code seriously and he followed through on those duties, even though it meant losing his job, Webber remarked. To Duggan, this ruling vindicated him in doing what he believed was simply the right thing to do.

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