03/27/2008
from the Kennebec Journal
Say it with lobsters
CENTRAL MAINE POWER CUTOFFS LOOMING FOR MANY Thousands face disconnection as winter grace period ends
State's highest court OKs bans on personal watercraft
Otten touts change to wood pellets to heat Maine homes Entrepreneur investing $10 million for everything from boilers to delivery
A PLAN FOR THE WATERFRONT
Mental health of children in focus
The fast track
Creek enjoys hot start at hot corner
All of today's:
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from the Kennebec Journal
from the Morning Sentinel
Electricity shutoffs on the rise Maine utilities see consumers forced to choose between paying for food, gas or power
WATERVILLE Speeders beware
Students hear of plight of child soldiers in Uganda
State's high court affirms personal watercraft ban
VOTERS OK SAD 53 BUDGET Residents seek no changes in $10.3M spending plan, despite 3 percent increase
Beulah Fortier is Thorndike benefactor
COLBY, ONCE AGAIN, THE UNDERDOG
Football players on the fast track in spring
All of today's:
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from the Morning Sentinel
The sum is for compensatory damages and back wages.
Paul Ducharme, 63, worked as a warehouse manager for New England Services in Lewiston for 13 years before he was fired June 3, 2004.
He maintained that the company retaliated against him for raising concerns about hazardous materials -- a DuPont adhesive used for Corian products -- being shipped without proper labeling, and about beer being served to workers in the warehouse.
The state's Whistleblower Protection Act prohibits employers from firing workers who report possible violations of laws to the employer or to a public body, including practices that would risk the health or safety of people.
The company maintained Ducharme was fired for misconduct.
In an order signed Tuesday, Superior Court Justice Nancy Mills approved an award of $42,500 to Ducharme for back pay and lost fringe benefits.
The money is in addition to $40,000 a jury awarded Ducharme for compensatory damages as a victim of employment discrimination.
Ducharme initially took his complaint to the Maine Human Rights Commission. In April 2006, the commission found "no reasonable grounds" to believe his firing was retaliation for whistle-blowing.
But a jury in Kennebec County Superior Court found otherwise in a 6-3 verdict on Nov. 8, 2007.
"The commission, to my shock, ruled against me," Ducharme said Wednesday. "When the jury ruled, that was vindication all the way."
Ducharme said he doesn't expect to receive payment soon.
"The company is out of business," Ducharme said. "My lawyer is going to have to chase the money."
Ducharme's lawyer, Arthur J. Greif, said he would submit to the court an application for an additional $30,000 in attorney's fees.
"Attorneys' fees are routinely granted in employment discrimination cases," he said.
The attorney for New England Surfaces, David J. Perkins, did not return a call for comment Wednesday.
According to a separate lawsuit in U.S. District Court, New England Surfaces closed in December 2006 after losing a contract to distribute Dupont products.
A judgment entered Sept. 14, 2007, by Chief U.S. District Judge George Z. Singal noted New England Surfaces owed lenders at least $3.6 million.
That breach-of-contract lawsuit filed by New England Surfaces against DuPont has been appealed to the U.S. Court of Appeals for the First Circuit, Greif said.
Ducharme said he had been asked to drop the lawsuit after the company closed.
"I wouldn't drop the suit because I couldn't live with what they did," he said.
Ducharme 63 said he went eight-and-a-half months without a job before taking a post as a warehouse manager in Waterville where he has been for three years.
He said he would encourage others in his shoes to persevere.
"If the situation is similar to mine, I would tell other people to go ahead and do it," Ducharme said.
Betty Adams -- 621-5631
badams@centralmaine.com





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