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FORMER EMPLOYEE SUING CHEVRON OVER GAS RELEASE.


Byline: Don Holland Daily News Staff Writer

A former safety coordinator for Chevron USA has filed a lawsuit claiming he was improperly fired for reporting a release of lethal gas from a company refinery last year.

In his suit, Jerry Becker of Ventura said his nearly 10-year career with Chevron abruptly ended shortly after he reported the release April 5, 1997, of highly toxic highly toxic Occupational medicine adjective Referring to a chemical that 1. Has a median lethal dose–LD50 of ≤ 50 mg/kg when administered orally to 200-300 g albino rats 2.  gas from the company's Gaviota Oil and Gas Plant, north of Santa Barbara Santa Barbara (săn'tə bär`brə, –bərə), city (1990 pop. 85,571), seat of Santa Barbara co., S Calif., on the Pacific Ocean; inc. 1850. .

``This is the type of gas that if you can smell it, you're dead,'' said Becker's attorney, David L. Praver. ``And Mr. Becker reported Chevron because this was not the first time it was released.''

Becker, a plant safety coordinator, reported the release to the Environmental Protection Agency Environmental Protection Agency (EPA), independent agency of the U.S. government, with headquarters in Washington, D.C. It was established in 1970 to reduce and control air and water pollution, noise pollution, and radiation and to ensure the safe handling and , the Santa Barbara County District Attorney's Office and local fire officials. No injuries were reported, Praver said.

Chevron spokeswoman Diana Vavrek said Tuesday she could not comment until company officials had reviewed the lawsuit, which was filed Friday in Ventura County Superior Court.

But in a letter to state labor officials, Chevron said Becker failed to properly respond to the release and that the company fired him for that - not for reporting the incident to authorities.

``The interesting thing is that Chevron has taken the position that (Becker) failed to protect fellow workers and the general public,'' Praver said. ``Yet at the same time, they maintain that neither the employees nor the general public was at risk.''

Under the state Labor Code, employers may not retaliate against employees who report activities they believe are improper or illegal.

Becker is claiming breach of contract and good faith as well as wrongful termination wrongful termination n. a right of an employee to sue his/her employer for damages (loss of wage and "fringe" benefits, and, if against "public policy," for punitive damages). . The suit seeks unspecified actual and punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer.  for lost wages and emotional distress emotional distress n. an increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Originally damages for emotional distress were only awardable in conjunction with damages for actual physical harm. .
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Copyright 1998, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Apr 8, 1998
Words:290
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