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Cordero Mining LLC v. Secretary of Labor Ex Rel. Clapp

10th CircuitNovember 15, 2012No. 12-9502Cited 2 times
Plaintiff WinCordero Mining LLC$40,000 awarded
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Case Details

Judge(s)
Kelly, Baldock, Ebel
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

RetaliationWhistleblower

Outcome

The court affirmed the Administrative Law Judge's decision finding that Cordero Mining violated the Federal Mine Safety and Health Act by terminating employee Cindy Clapp in retaliation for making protected safety complaints. Clapp was reinstated with back pay and Cordero was ordered to pay a $40,000 civil penalty.

What This Ruling Means

# Court Rules for Miner Who Reported Safety Problems **What Happened** Cindy Clapp worked for Cordero Mining LLC and reported safety violations at the mine where she worked. After making these complaints, the company fired her. Clapp believed she lost her job because she spoke up about unsafe conditions—not for any legitimate reason. **What the Court Decided** A federal court agreed with Clapp. The court found that Cordero Mining violated federal mining safety laws by firing her in retaliation for her safety complaints. The court ordered the company to rehire Clapp and pay her for the wages she lost while unemployed. Additionally, Cordero Mining had to pay a $40,000 penalty to the government. **Why This Matters for Workers** This case reinforces an important protection: workers cannot legally be punished for reporting unsafe working conditions. Mining is particularly dangerous, making safety reporting critical. This ruling shows that companies cannot silence workers who speak up about hazards, and workers who face retaliation for making safety complaints have legal recourse. The outcome sends a message that workplace safety concerns deserve protection under federal law.

This summary was generated to explain the ruling in plain English and is not legal advice.

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This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

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