Honolulu jury awards $3M to city ex-official in whistleblower case.

A Circuit Court jury Friday awarded a former Honolulu city official more than $3 million dollars, upholding her claim that she lost her job in 2003 for blowing the whistle on what she saw as wrongdoing in the administration of the former Mayor.

The jury deliberated a half-day before returning a verdict in favor of the plaintiff, awarding her just more than $1 million in lost wages and retirement benefits and $2 million in general damages for pain and suffering inflicted on her by city officials.

According to the news report, the plaintiff's attorney stated that in the weeks before the trial, he offered to settle the whistleblower case for $75,000, but defense counsel never offered more than $5,000.

Hmm, me thinks someone misevaluated this case.

Source: The Honolulu Advertiser

Hat tip: Jottings by an Employer's Lawyer

Labor Case Set for Oral Argument at Supreme Court

Chamber of Commerce v. Brown has been set for argument by the Supreme Court for March 19th. The Court is set to decide whether the National Labor Relations Act preempts a California law barring private employers from using state grant or program funds to influence union organizing campaigns.

You can find the case briefing here.

Source: ScotusBlog

Adventures in Questionable HR Management

HR Management Award.jpg

Yes friends, it's time once again to issue our Questionable HR Management Award Grand Prize. As you know we periodically hand out this prestigious award to a company that has shown particularly bad HR judgment and a complete lack of common sense.

Today the award goes to Packaging Corporation of America in Counce, Tenn. for its inadvisable termination of an employee in response to said employee's election to the Mississippi State Senate. According to the Clarion Ledger, Freshman state Sen. Eric Powell learned two days after his swearing-in last week that he had been fired from his regular job. Powell, said his firing came as a result of his election as a state senator in Mississippi.

"All of a sudden, with no phone call or anything, just a letter in the mail after 11 1/2 years of service," said Powell, who is married and has three children. "That's the kind of thanks I get for hard work and loyalty. It's the kind of thing I came to the Senate on behalf of working people to fight."

Labor Prof Blog, who put me on to the story, noted that it seems pretty clear that the termination was directly related to Mr. Powell's election. This was especially boneheaded given the fact that the company initially encouraged Powell in his run for office.

Now thanks to this bizarre HR snafu, instead of having an employee in the state senate, PCA likely has:

1) a union grievance (Powell was a union member and the collective bargaining agreement specifically allows for employee leave when running for public office and only requires resignation if the office obtained is a full-time job);

2) a lawsuit (many states have statutory prohibitions on retaliation against employees for serving in public office); and

3) a state senator that is less than enamored with the company.

We therefore proudly award Packaging Corporation of America our Questionable HR Management Award! Feel free to print out the award emblem and wear it with pride.

Bush's NLRB Legacy

Ross Runkle over at Ross' Employment Law Blog has begun an excellent series on President Bush's NLRB Legacy. In part 1 he addressed the Bush Board's elimination of Weingarten rights for non-union employees. Part 2 address restrictions on employee use of employer's email for union solicitation.

You can follow the series here.

Tags: