Sacked Parsons worker seeks judgment

SANDPOINT — A former Parsons RCI employee who claims he was fired for blowing the whistle for reporting safety violations and sexual harassment of a coworker is moving for a default judgment against the Idaho Transportation Department.

Counsel for plaintiff Jay Nelson argues his client is entitled to a default judgment because ITD has not responded to his lawsuit in 1st District Court.

A hearing on the motion is set for June 6.

Nelson’s attorney, Susan Troppmann, moved for the default judgment on May 14. Deputy Attorney General J. Tim Thomas filed noticed on May 22 that he is representing ITD in the matter, court records show.

Nelson, a Kootenai County resident, was hired in 2009 as a heavy equipment operator to work on the U.S. Highway 95 realignment project in Sandpoint.

Nearly a year after his hiring, Nelson alleges he advised Parsons of safety violations on the construction site and reported that a female traffic flagger was being sexually harassed, according to the civil complaint, which also names ITD as a defendant.

Nelson said in the suit he was fired less than a month later. Nelson’s suit claimed he was sacked in retaliation for reporting the safety violations and harassment. His suit seeks unspecified damages for wrongful termination and lost wages, in addition to reinstatement to his position.

In its answer to the suit, Parsons’ counsel denied Nelson’s allegations and said he was laid off due to a lack of work and an attendant reduction in force, according to court documents.

Parsons’ countered that Nelson has failed to exhaust his administrative remedies and also filed a federal whistleblower retaliation claim in federal court, which preempts his state law claims.

However, a search of federal court databases in Idaho and Washington turned up no pending cases involving Nelson, Parsons or ITD.

ITD has not yet filed an answer to Nelson’s suit in state court.

Peak Sand & Gravel sued Parsons for breach of contract in 1st District Court on April 25.

Peak’s suit seeks a $719,858 judgment against Parsons for unpaid interest on invoices that were paid late, in addition to compensation for construction of rock staircases leading to Sand Creek, an improperly applied fuel adjustment and breach a trucking agreement.