DOL Home > OALJ > Whistleblower > Keene v. Houston Lighting & Power Co., 95-ERA-4 (ALJ Oct. 10, 1995) |
Date: October 10, 1995 Case No.: 95-ERA-4 In the Matter of: EARL VANDORN KEENE Complainant vs. EBASCO CONSTRUCTORS, INC., a/k/a RAYTHEON CONSTRUCTORS, k/n/a RAYTHEON ENGINEERS AND CONSTRUCTORS, INC. Respondent ERRATA On September 29, 1995, a Recommended Decision and Order issued in this case. The fourth paragraph on page 13 and the first paragraph under Recommended Order on page 14 are in error. The paragraphs should read as follows: Page 13, paragraph 4 Complainant has a duty to mitigate his damages in situations such as this, and since the length of his job at EBASCO is indeterminable, I find that he is entitled to loss of wages only from March 25, 1994, through April 12, 1994, a period of 13 working days at $16.18 per hour for 8 hour days, less $245.00 received in unemployment during this period. The total amount which I find Complainant due for lost wages is ,437.72. Page 14, under Recommended Order It is my recommendation that Complainant should prevail on his complaint as it pertains to his termination on March 24, 1994, and a final order should issue awarding him ,437.72 in damages for 13 days lost wages at an hourly rate of $16.18 for an 8 hour day, less $245.00 received in unemployment during this period. Additionally, I recommend that the Respondent be ordered to expunge from Complainant's record the "fair" appraisal given him on his termination in March, 1994. As to the matter of attorney's fees and expense, the same shall hereinafter be addressed in a Supplemental Decision and Order. SO ORDERED this 10th day of October, 1995, at Metairie, Louisiana. C. RICHARD AVERY Administrative Law Judge CRA:kw