Former Nuke Plant Staffer Sues SCE, Claiming 'Culture of Cover-Up'
Ex-manager sues for retaliation, wrongful termination and negligent infliction of emotional distress by his former employer.
A former Southern California Edison manager sued his former employer today, alleging he was fired for reporting safety concerns at the San Onofre Nuclear Generating Station.
"This case arises at a time of unprecedented concerns about nuclear power plants along our shores,'' says Paul Diaz's suit, referring to radioactivity released from earthquake and tsunami damage at Japanese power plants.
A spokesman from Rosemead-based SCE declined to comment on the Los Angeles Superior Court complaint. San Onofre Nuclear Generating Station spokesman Gil Alexander said in an email to Patch today that employess can be fired for retaliating against others who raise safety concerns.
"SCE does not comment on pending litigation," Alexander said. "However, we can say that, by policy, SCE considers retaliation against employees who raise safety concerns a termination offense."
The suit, according to City News Service, alleges retaliation for reporting the violation of a regulation, wrongful termination, intentional and negligent infliction of emotional distress and defamation.
Related: Regulatory violations at the plant
Diaz also claims in the suit that supervisors mistreated him because he is Hispanic. Diaz worked as a manager of business at the power plant.
In February 2010, a nuclear power watchdog group received "numerous
anonymous calls and emails'' from plant insiders expressing concerns about
shortcuts on the testing of new generators, alleged safety violations and the
promotion of a "culture of cover-up,'' the suit states.
A staffer sent a letter of complaint to the U.S. Department of Labor. Also, the Nuclear Regulatory Commission has put San Onofre under heightened scrutiny for personnel problems, among other issues at the plant in recent years.
Diaz claims that when he told Pamela Panek, who was his boss and the plant's manager of nuclear business administration, about safety concerns brought to his attention by employees, she ordered him to not address their complaints.
Diaz also said in the suit that management told the complaining employees they should not have discussed problems, according to City News Service.
Last August, Diaz, frustrated with not being able to resolve his concerns internally, contacted the on-site NRC inspector's office at San Onofre, which requested information about his allegations from plant officials, according to his court papers.
Diaz went on vacation the next month and returned in early October, the suit states, going on to say that supervisors fired Diaz just hours after they refused to discuss safety concerns with him.
In his discrimination claim, Diaz also said Panek treated him differently than she did a white manager during performance reviews.
Adam Townsend contributed to this report.
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ms.sc.
7:13 pm on Tuesday, March 29, 2011
Sounds like a subtle "smoke-screen" to distract the public from some real serious issues being covered up by some well-lined pockets.
ms.sc.
7:38 pm on Tuesday, March 29, 2011
Don't play the race-card on this one...I don't belive anyone intelligent buys it this time. I commend him for following through with his concerns but that is what he was trained, hired and paid to do, so race is not the issue. This is about plant fines and trade-offs with other plants for lowering their government fines. No wonder they are now trying to cover their mess.
Craig
9:58 am on Wednesday, March 30, 2011
I'm sure the race card isn't his game. Lawyers add in everything they can. I agree and commend him too! We need to support those who stand up for what's right.
James Schumaker
10:29 am on Wednesday, March 30, 2011
I suggest we wait and see how the lawsuit proceeds. There is too little information here to draw any definitive conclusions.
Shripathi Kamath
12:30 pm on Wednesday, March 30, 2011
Again, thank you for being a voice for reason.