Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion

    Certification Scorecard — Week of April 27, 2026

    Five trends shaping PCR packaging to 2031

    Intel sign on company building with blue sky and trees.

    Intel boosts margins by selling what it used to scrap

    Our top stories from April 2022

    Peters-Michaud named CEO, Houghton chair of Sage Sustainable Electronics

    Closeup of a printed circuitboard

    Can modular metals recovery challenge the smelter model?

    Intel sign outside of company building.

    What Intel’s blockbuster quarter means for ITAD

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
      • All Topics
Subscribe
No Result
View All Result
Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion

    Certification Scorecard — Week of April 27, 2026

    Five trends shaping PCR packaging to 2031

    Intel sign on company building with blue sky and trees.

    Intel boosts margins by selling what it used to scrap

    Our top stories from April 2022

    Peters-Michaud named CEO, Houghton chair of Sage Sustainable Electronics

    Closeup of a printed circuitboard

    Can modular metals recovery challenge the smelter model?

    Intel sign outside of company building.

    What Intel’s blockbuster quarter means for ITAD

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
      • All Topics
Subscribe
No Result
View All Result
Resource Recycling
No Result
View All Result
Home Recycling

Recology whistle-blower trial allowed to continue

byEditorial Staff
February 8, 2013
in Recycling

In California, a panel of judges has granted a victory to a former employee of Recology who is claiming that he was improperly fired in retaliation for calling attention to fraud at the waste and recycling company.

On Jan. 31, a California appeals court partially reversed a decision by the San Francisco Superior Court to effectively dismiss a lawsuit brought by Brian McVeigh, a former employee of Recology, against his past employer. The suit brought by McViegh claims that he was illegally fired and seeks redress under a California law meant to protect employees who report potential fraud being committed against the state.

According to the background section in the opinion issued by the three-judge panel, McVeigh began working at Recology in 2000 and, between 2004 and 2005, he became operations supervisor at one of the company’s recycling centers in San Francisco that redeemed beverage containers under the state’s bottle bill.

In 2005, McVeigh was asked to investigate a report of “tag inflation,” a type of fraud that occurs when an attendant records a larger weight of recyclables for redemption than is actually brought in, resulting in an overpayment to the customer and a potential kickback to the employee. McVeigh confirmed that tag inflation was occurring and was directed to call the police, who arrested the employees involved.

Later that year, McVeigh was transferred to Recology’s Tunnel Road facility in Brisbane, where he was assigned to supervise the materials recovery facility. According to a court document, McVeigh attempted to report another instance of fraud, but his concerns were rebuffed. He was also counseled about his dealings with others. According to the document, employees complained that McVeigh was overly aggressive in his management style.

Two years later, he was put in charge of the Tunnel Road redemption center, where he was instructed to “straighten out the facility.” During this time, McVeigh suspected that tag inflation was occurring and that management was involved. He reported his concerns to the police and was later denied a bonus or a raise following a lackluster performance review. McVeigh claimed that his bad performance review and denial of a bonus or raise were retaliatory.

McVeigh increased his oversight of the weigh-in station and gave closer scrutiny to its records, the court document states. As a result, the average daily payout at the center dropped from $13,000 to $7,000 between Nov. 15 through Nov. 24, 2007. Video equipment was also installed during this time period, resulting in McVeigh obtaining video evidence of an employee engaging in tag inflation. However, the ruling states that the employee was not fired nor were criminal charges pressed against him. It also states that the Brisbane Police Department offered to investigate the situation if Recology agreed to press charges. The document states that Recology turned down the offer.

McVeigh continued to raise concerns about fraud. According to the court ruling, he was called into a supply room by a supervisor who locked the door and threatened to fire him if he continued to push the issue.

According to the document, McVeigh made many other allegations regarding sordid activity at Recology, such as employees threatening each other, stealing processed material, throwing material in an unsafe way and showing pornography to each other. McVeigh also complained to Jackson that large quantities of marijuana were dumped regularly and load drivers complained that employees scavenged the controlled substance, creating a potential safety hazard.

In May of 2008, a human resources manager at Recology prepared a report recommending that McVeigh be terminated, according to a court document. The report described McVeigh as combative and uncooperative and did not support his allegations against the company. He was terminated later that month.

In 2009, McVeigh sued Recology, alleging that the company violated the state’s whistle-blower-protection law, as well as similar protections in the state’s labor law, while also relying on other legal arguments.

The appeals court ruling reverses enough of the decision made by the lower court to give the lawsuit new life and allow it to go to trial.

David Anton, McVeigh’s attorney, described the ruling as a “dramatic victory.”

“The company didn’t look into the fraud, they looked into him and fired him,” says Anton. “The company decided he was disruptive because he didn’t take the hint from his managers.”

Anton says that the Recology must now consider whether or not to appeal to California Supreme Court. If they don’t, he expects a trial within a year that could put Recology on “the hook for big-time dollars,” possibly in the millions.

Recology spokesperson Adam Alberti says that no fraud occurred and the court did not confirm any wrongdoing by the company. He said that there will be no appeal, and next step will be a trial.

“[McVeigh] was terminated entirely on his performance and not on the allegations of fraud that never took place,” he says.

TweetShare
Editorial Staff

Editorial Staff

Related Posts

Certification Scorecard — Week of April 27, 2026

byEditorial Staff
April 29, 2026

The following facilities have achieved, renewed or otherwise regained industry certifications.

Five trends shaping PCR packaging to 2031

bySmithers editorial
April 29, 2026

Growing steadily but falling short of legislative demands, the global market for PCR plastic packaging is at a crossroads.

Disney princesses Anna and Elsa

Disney, toy manufacturers look to reduce plastic packaging

byKeith Loria
April 29, 2026

Many consumers say they are on board with a push to use less plastic in packaging.

Intel sign on company building with blue sky and trees.

Intel boosts margins by selling what it used to scrap

byDavid Daoud
April 29, 2026

As OEMs move further down the yield curve, the arbitrage that secondary markets have relied on contracts.

Our top stories from April 2022

Peters-Michaud named CEO, Houghton chair of Sage Sustainable Electronics

byDavid Daoud
April 28, 2026

The ITAD platform eyes the next growth phase.

Float-sink technology at the Quantum Lifecycle Partners facility in Toronto, Canada enables the processing of e-plastics.

E-plastics recovery line opens in Canada

byPaul Lane
April 28, 2026

Toronto-based Quantum Lifecycle Partners is helping close the gap on North American e-plastic processing.

Load More
Next Post

Who has love for Houston's proposed dirty MRF?

More Posts

What Netflix’s ‘Plastic Detox’ gets wrong – and right

April 23, 2026
EPR fees are a market signal. Here’s what they’re telling you.

Oregon DEQ flags 250 producers for RMA noncompliance

April 21, 2026
Birch Plastics gets FDA green-light for post-industrial PP

LyondellBasell upgrade to PreZero assets on hold

April 23, 2026

PCA keeping focus on virgin fiber products

April 27, 2026
Dow touts US PE advantage amid Iran war

Dow touts US PE advantage amid Iran war

April 24, 2026
The independent ITAD at a crossroads

The independent ITAD at a crossroads

April 22, 2026
Prescription drug bottles

National Prescription Drug Take Back Day is Saturday

April 24, 2026

Google pilots reuse kits to extend device life

April 21, 2026
AT&T, Compudopt expand e-recycling program

AT&T, Compudopt expand e-recycling program

April 23, 2026
With RPET in crisis, focus turns to solutions

With RPET in crisis, focus turns to solutions

April 2, 2026
Load More

About & Publications

About Us

Staff

Archive

Magazine

Work With Us

Advertise
Jobs
Contact
Terms and Privacy

Newsletter

Get the latest recycling news and analysis delivered to your inbox every week. Stay ahead on industry trends, policy updates, and insights from programs, processors, and innovators.

Subscribe

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

No Result
View All Result
  • The Latest
  • Analysis
  • Recycling
  • E-Scrap
  • Plastics
  • Policy Now
  • Conferences
    • E-Scrap Conference
    • Plastics Recycling Conference
    • Resource Recycling Conference
    • Textiles Recovery Summit
  • Magazine
  • About Us
  • Advertise
  • Archive
  • Jobs
  • Staff
Subscribe
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.