Home > News > Firm Defeats Whistleblower Claim Via Motion For Summary Judgment!


Firm litigators Chris Maile and David Binder recently won a Motion for Summary Judgment in favor of a nationally recognized Firm insurance carrier client.

In this case, the plaintiff was terminated for engaging in sexually harassing conduct in violation of company policy. The plaintiff claimed that the reason provided by the company for his termination was pretextual. Instead the plaintiff claimed that the real reason he was terminated was because he had previously made whistleblower complaints regarding the defendant's practices.

After investigation, Firm litigators Chris Maile and David Binder filed a Motion for Summary Judgment on behalf of the insurance carrier client which argued that the plaintiff had been terminated for a legitimate reason - namely plaintiff's inappropriate conduct at work. They noted that there was no evidence that the plaintiff was terminated for any complaint that he ever made, nor was there evidence that any of the persons involved in the termination decision had knowledge of the plaintiff's whistleblower complaints. The trial court agreed and entered Judgment in favor of the Firm's insurance carrier client.

Federal and State Laws governing the relationships between employers and employees have become increasingly complicated over the past several years. This has left employers exposed to a litany of labor claims for wrongful discharge, whistleblower complaints, violations of wage and hour laws, violations of the Americans With Disabilities Act and Fair Employment and Housing Act. Oftentimes, these suits are filed on behalf of both past and present company employees, literally leaving the employer open to financial ruin.

Firm litigators Chris Maile and David Binder have represented and counseled employers in all aspects of the employer-employee relationship, including policies and procedures, discipline, compensation, workforce reduction, employee terminations, disability accommodation, and compliance with the various Federal and State Laws and Regulations. Mr. Maile and Mr. Binder have appeared before the EEOC, California Fair Employment and Housing Commission, California Labor Commission, and California Wage-Hour Compliance agencies on numerous occasions in order to protect the rights of Firm client employers.

If you would like to discuss what Tharpe & Howell can do to assist you in reducing your labor relations risk, please contact Mr. Maile at (818) 205-9955.

Related Attorney(s):
David S. Binder
Christopher S. Maile

Related Practice Area(s):
Employment and Labor Law

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