Executive whistleblower at Aurora-based IT company reinstated after labor department finds evidence of retaliation

An Aurora-based information technology services provider, 303 Technologies Inc., retaliated against an executive who raised concerns about its failure to pay trust fund taxes to the IRS.

An investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration found that 303 Technologies Inc. violated the Taxpayer First Act. The administration ordered the company to reinstate the executive, with more than $81,000 in back wages, according to a Labor Department news release. The executive also was awarded 24.5% stock ownership in the company.

“OSHA enforces federal laws that protect employees who report possible wrongdoing from fear of retaliation and punishment,” Jennifer S. Rous, OSHA regional administrator, stated in the release. “The Taxpayer First Act protects employees’ rights to report actual or potential tax-law violations or engage in other protected activities.”

The company and the employee may file objections or request a hearing with the department’s Office of Administrative Law Judges within 30 days of receiving the agency’s order, according to the release. The U.S. Department of Labor does not release the names of employees involved in whistleblower complaints.