VW Destroyed Documents, Obstructed Justice: Fired Worker

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AUBURN HILLS, MI – A former Volkswagen employee alleged in a whistleblower lawsuit filed last week that the scandal-ridden automaker deleted documents and obstructed justice after the federal government accused it of cheating on emissions tests, and that he was fired for refusing to participate.

Daniel Donovan claims in a lawsuit filed in Oakland County Circuit Court that he was wrongfully fired from his technology job in Volkswagen’s general counsel office in Auburn Hills on Dec. 6, 2015.

Volkswagen is embroiled in one of the biggest corporate scandals in history after admitting it programmed some 600,000 diesel-powered cars with a “defeat device” that turned on pollution controls during emissions tests, then switched them off when cars were on the road to improve performance.

Donovan, who was responsible for information management in injury and product liability cases, claims in his lawsuit that documents were destroyed until Sept. 21, and that his department was not preserving the documents on backup disks.

According to the lawsuit, Donovan protested to a superior, who was upset that the message wasn’t coming from an executive, The Oakland Press reports. The supervisor allegedly asked, “Why the [expletive] are you calling me?”

Farmington Hills attorney Sam Morgan claimed in the lawsuit, filed under Michigan’s Whistleblowers Protection Act, that Donovan was fired “because of his refusal to participate in a course of action that would spoliate evidence and obstruct justice.”

The lawsuit also alleges that VW of America thought Donovan was about to report the activity to the EPA, the Justice Department and the FBI, though it’s unclear if he met with investigators.

In a statement to the AP on Monday, Volkswagen said: "We believe his claim of wrongful termination is without merit."

Related

• EPA: Volkswagen Intentionally Violated Emissions Rules
• Huge Volkswagen Scandal Just Got Even Bigger
• Suit Targets VW Over Cars Designed to Cheat Smog Tests
• Volkswagen Cheated on Larger Engines, Too
• EPA: VW Emissions Cheat Scandal Deepens
• U.S. Sues Volkswagen for Emissions Cheating

The defeat device software allowed some of VW’s diesel engine vehicles to emit pollutants at 40 times the allowable amount of nitrogen oxide, which can cause respiratory problems and other health issues.

VW is facing a spate of lawsuits over the scandal, including one in German regional court seeking $3.57 billion in damages filed by its institutional investors, The Detroit News reports.

Investors in 14 countries — including the United States, Australia, Germany, canada, the Netherlands and the United Kingdom — joined in the lawsuit, which Volkswagen said Tuesday was without merit.

Volkswagen is also facing federal and class action lawsuits. The scandal has cost the automaker’s CEO his job, and it top U.S. executive was ousted last week.

VW could face penalties of up to $18 billion, according to the EPA.