WRONGFUL DISCHARGE: Material fact issues preclude summary judgment as to reasons given in discharge letter in case in which Montana Supreme Court clarified that Defendant may defeat wrongful discharge action only for reasons in discharge letter… Watters reversed (memorandum). [Read more…]
Wrongful discharge, Galbreath rule, discharge letter
WRONGFUL DISCHARGE: Galbreath rule limiting defense to reasons in discharge letter not superseded by 1999 amendments but evidence offered to substantiate those reasons admissible… answer to 9th Circuit question (reversing Watters’s summary judgment for employer). [Read more…]
Disability discrimination, reporting status to UID
DISABILITY DISCRIMINATION claim for reporting employment status to UID rejected… Administrative Decision… Judy Bovington. [Read more…]
Disability discrimination, diabetic truck driver
DISABILITY DISCRIMINATION: Truck company did not discriminate against driver by not rehiring for upcoming construction season due to risk from unpredictable diabetic episodes… Administrative Decision, Jeffrey Doud. [Read more…]
Disability discrimination, truck driver seizure
DISABILITY DISCRIMINATION: Septic truck driver who suffered seizure while driving not discriminated against when discharged for refusing to accept FMLA leave while medically prohibited from driving… Administrative Decision, Jeffrey Doud. [Read more…]
Wrongful discharge, defend solely on discharge letter?
WRONGFUL DISCHARGE: Whether employer may defend solely for reasons in discharge letter as held in Galbreath or whether 1999 amendments supersede the Galbreath rule certified to Montana Supreme Court… order. [Read more…]
Wrongful discharge, cable manager
WRONGFUL DISCHARGE: Fact issues preclude summary judgment as to whether cable manager who was fired after Facebook criticism of Governor was terminated for stated reasons of failing to meet purported 50% travel requirement and allowing an employee to perform unauthorized electrical work… recommendations by Cavan. [Read more…]
$123,739.03 verdict, commercial property sale/lease
VERDICT: $123,739.03 plus attorney fees, breach of contract/negligence, sale/lease of and failure to remove materials from commercial property. [Read more…]
Disability discrimination, hospital Instrument Tech
DISABILITY DISCRIMINATION claims by hospital Instrument Tech with speech/learning disabilities survive summary judgment except as to untimely retaliation claim under Montana law… Watters. [Read more…]
Defense verdict, rear-end, admitted liability
VERDICT: Defense, rear-end auto, admitted liability, neck/back/knee. [Read more…]