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Summary Judgment Granted to Employer After Self-Proclaimed Whistleblower is Terminated for Cause

September 16, 2013

William Jones and Kent Stair successfully obtained summary judgment for an employer and several officers of the company, dismissing RICO and retaliation claims brought by a former employee that was terminated for cause. The employee claimed his termination was the result of “whistle-blower” conduct that included going outside his chain of command and not following proper reporting procedures. In granting the motion for summary judgment, the Court agreed with the employer and officers that the former employee failed to show how he was injured by any of the alleged RICO violations and the evidence did not show that the employee spoke out as a private citizen and, therefore, his speech was not protected under the First Amendment.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.