Payne & Fears LLP Wins Summary Judgment in “Whistleblower” Wrongful Termination Suit

On March 8, 2011, P&F obtained summary judgment in the San Bernardino County Superior Court in favor of its client, a national manufacturing company, in an alleged “whistleblower” wrongful termination case.  The Plaintiff claimed that the company fired him for reporting that his managers had unlawfully instructed him to cover up the nature of a co-worker’s workplace injury.  P&F brought a summary judgment motion arguing that, although the plaintiff had made accusations against his managers, the Company had terminated him because of his own failure to properly report the injury during a Company investigation.  The Superior Court granted summary judgment, finding that the Plaintiff was not a “whistleblower” but an active participant in the alleged cover-up, and that his own misconduct was the cause of his termination.  James L. Payne and James R. Moss represented the defendant.