RETALIATION

Settled a case in which the Plaintiff was employed as a Store Manager for a chain of appliance stores. He contended he was fired in violation of health and safety public policy after he suspended an employee who insisted on coming to work after she tested positive for Covid-19. The employee he suspended protested to HR and claimed he made sexually and racially insensitive remarks to her. The Company investigated her claims and learned of other employees also claiming racial and sexually offensive remarks and abusive behavior by the Store Manager. It terminated the Store Manager and argued it had supported him in his suspension of the employee who violated Covid-19 rules, but his termination was prompted by the abusive and hostile environment he created for his subordinate employees.

Settled a case in which the Plaintiff was a salesman for a medical laser technology company. During the height of the Covid-19 pandemic, he complained it was unsafe for him to be ordered to make on-site sales calls and product demonstrations. He also complained to HR about bullying tactics by his new Manager. HR investigated and concluded his complaint about his manager had no merit. Shortly thereafter, Plaintiff was terminated. Plaintiff complained it was in retaliation for his health and safety complaints. The employer contended it was a layoff based on declining Company sales during the pandemic.

Settled a case where Plaintiff was also a salesman who complained about being forced to do on-site sales calls despite “stay-at-home” and safety rules. He further complained about lack of meal and rest breaks. He claimed his termination was retaliatory for his safety complaints and not because of low sales. He also alleged his supervisor bullied him and when he complained to HR, his supervisor responded by saying he was a “a tall-white guy so why are you going to HR.” The defendant employer contended his termination was part of a bigger layoff prompted by declining company sales and Plaintiff was a relatively new hire with poor sales numbers.