Kelli Kennaday and Natalie Bustamante recently won summary judgment in favor of their health care client in a case alleging whistleblower retaliation. The plaintiff in the case had been terminated for misconduct, but alleged the real reason for her termination was retaliation for making a report to a state agency.
The court granted summary judgment in favor of the employer, finding that the plaintiff’s claims were preempted by the Federal Labor Management Relations Act as well as the National Labor Relations Act. Moreover, the court found the plaintiff had been terminated for a good faith business reason; specifically, violating the employer’s safety policies. The court dismissed the action with prejudice and awarded costs to the employer.