Vujasinovic & Beckcom Blog

Mariner claims she was fired for being a whistleblower; lawsuit allowed to proceed

A U.S. deck officer who alleges she was terminated from her ship after threatening to report faked anthrax vaccination records by other crewmembers will have her day in court.

The plaintiff, Jocelyn Baetge-Hall, alleges retaliatory discharge against American Overseas Marine (“AMSEA”), her employer. She was terminated as chief officer aboard the M/V 2nd Lt. John P. Bobo, a military transport vessel operated under Military Sealift Command (“MSC”).

Baetge-Hall claims that when she was deployed aboard the vessel, the company was aware that she did not have mandatory anthrax and small pox vaccinations authorized by MSC. Allegedly acting upon the advice of medical personnel aboard the vessel to not take the shots, she received a medical deferment instead of taking them.

The company ordered her to leave the ship and paid her way back to the U.S. after requiring her to sign a form stating her departure was by “mutual consent.”

Once home, the plaintiff obtained the shots on her own and requested to return to the vessel. However, upon learning that another crew member had faked his vaccination card, she reported this falsity. Then, the company fired her, charging her with a “refusal” to get the shots.

Baetge-Hall filed a wrongful discharge claim, alleging she was fired in retaliation for being a whistle blower by reporting the other crew member’s falsity.

AMSEA filed a motion for summary judgment to stop her case. However, the Massachusetts federal court ruled against the motion. Her case is proceeding.

Read the full case here.