person wearing a facemask in black and white checkered shirt writing on purple clipboard in dentist office. various kinds of ppe protocol can be seen, including a sign indicating no one can sit in a chair next to the person in the checkered shirt and a receptionist in full PPE in the background taking a patient

Dental Practice Employees Who Asked About Employer’s Measures for COVID-19 to Receive Back Wages Following Termination

The employer has agreed to pay the two workers a combined total of $15,706 in back wages.

In 2020, two employees at a dental practice were terminated after posing questions about the practice’s safety measures during the COVID-19 pandemic. The employer must now pay both employees’ back wages, OSHA recently announced.

Employees of Roger H. Bohannan DDS Inc. of Northern Texas were placed on furlough in April 2020, according to a news release. It was during this time that the two employees, a dental hygienist and a dental assistant, inquired about the safety measures.

The dental hygienist, who “cited guidance from OSHA and the Centers for Disease Control and Prevention,” was not asked to return to work and was eventually fired. Though the dental assistant did receive an offer to return to work, it was taken back, and they too were eventually terminated.

"Like all workers, these two people had every right to speak up without the fear of losing their jobs," said OSHA Regional Administrator Eric S. Harbin in Dallas in the news release.

The Department of Labor took legal action in July 2021, filing a suit against Roger H. Bohannan DDS Inc. and its owners, Roger Bohannan and David Bohannan. A little over a year and a half later, per OSHA, “the court entered a consent judgment in which Roger and David Bohannan and Roger H. Bohannan DDS Inc. agreed to pay the back wages.” In addition, under the judgement, Roger H. Bohannan DDS Inc. must “provide neutral work references for wrongfully terminated employees,” OSHA said. 

The two employees will receive a combined total of $15,706 in back wages. 

"The U.S. Department of Labor will vigorously seek to prevent employers from retaliating against workers who exercise their rights to voice safety and health concerns," said Regional Solicitor of Labor John Rainwater in Dallas in the news release. "This case shows that we will use legal action to enforce the law and ensure the safety, health and well-being of workers."

About the Author

Alex Saurman is a former Content Editor for Occupational Health & Safety,who has since joined OH&S’s client services team. She continues to work closely with OH&S’s editorial team and contributes to the magazine.

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