Man sues for job back at Norm’s Used Cars

Business’s lawyer: he left, wasn’t fired
Tue, 08/25/2015 - 5:00pm

An ex-worker at Norm’s Used Cars in Wiscasset has filed a whistleblower suit claiming he was fired after contacting the federal Occupational Safety and Health Administration (OSHA).

In the suit filed Aug. 18 in Lincoln County Superior Court, Jason Latouche of Lewiston claims he developed respiratory problems he believed were due to exposure to chemicals in an unventilated area at work. He is asking the court to get his job back, along with back pay and interest and an unspecified sum for pain, suffering, psychological upset and interference with his enjoyment of life.

Norm’s Used Cars owner Norman Sherman on Aug. 24 said that the business will be opposing the suit. He declined further comment.

The business’s attorney Melissa Hewey, said Aug. 25 that a number of the allegations in Latouche’s complaint are absolutely false, including claims that a supervisor described Latouche as whistleblowing, that Latouche had complained numerous times to the business about health concerns, and that Latouche worked with chemicals without ventilation. Norm’s takes great care on ventilation, Hewey said.

Latouche was not fired; he walked off the job and never came back, Hewey said.

Anyone can make allegations, but proving them in court is another matter, Hewey said in Tuesday’s telephone interview.

She expected to file a response to the complaint with the court in a matter of days, Hewey said.

A June 30, Maine Human Rights Commission (MHRC) letter filed with the suit notifies Latouche of his right to sue. In an email response to questions Monday, MHRC Executive Director Amy Sneirson writes that the commission did not issue any finding, due to Latouche’s request for the right–to-sue notice.

“This is available ... if (a complaint) has been pending ... for 180 days or more without the investigation being completed.”

The notice ends the commission’s investigation and involvement in the case, Sneirson adds.

Latouche’s lawyer Samuel Riotte said Monday that Latouche asked for the notice because he decided to try to resolve the matter through the court system.

Asked if Latouche would want to go back to work at Norm’s Used Cars, Riotte said: “Mr. Latouche loved his job, and all he wanted to do is to work in a safe environment.” Riotte declined further comment.

At the Wiscasset Newspaper’s request, Sneirson provided a copy of Latouche’s July 16, 2014 complaint to the commission. In that one and in the new complaint to the court, Latouche states that he worked in auto reconditioning at the Wiscasset business from August 2013 to March 2014.

In September 2013 Latouche started having upper respiratory problems that affected his breathing and health, the suit states. “(He) reasonably believed that the environmental conditions at Norm’s were unsafe, unhealthy and dangerous (by exposing) people to numerous chemicals in unventilated areas.”

Numerous times in the fall and winter of 2013, he spoke with a supervisor about his concerns, it continues. “(The business) ignored and never addressed the complaints .... By early March of 2014, (Latouche’s) upper respirator condition had ... worsened. He began coughing up blood.”

A supervisor later told Latouche he could no longer work overtime, the suit claims. It goes on to claim that Latouche contacted OSHA to find out his rights, and that the same supervisor told him he shouldn’t have contacted OSHA.

The suit claims the supervisor described Latouche as whistleblowing.

“He then told Mr. Latouche that he had spoken with Norm’s owner and that Mr. Latouche was fired for repeatedly complaining about the lack of ventilation,” it states. It claims the business violated Maine’s Whistleblowers’ Protection Act. Hewey denied the claim.

The Wiscasset Newspaper tried to contact Latouche and continues to seek information from OSHA and further information from the commission. OSHA representatives reached Monday in Augusta, where Wiscasset-area complaints are handled, and in Bangor were not aware of any health and safety investigations involving Norm’s Used Cars.