Cases
Whistleblower Defense

Complete Defense Against Whistleblower Claims

9/16/2013

Anthony Ostlund defends Fortune 100 technology retailer against retaliatory discharge claim under the Minnesota Whistleblower Act

"Whistleblower claims are troubling for any client for obvious reasons.  This case was typical, involving an emotional and invested plaintiff with a detailed story to tell.  Throughout, we stayed focused and determined to exonerate our client who had not violated any laws.  It was very gratifying that both the district and appellate courts agreed."

- Brooke Anthony, Anthony Ostlund Attorney

Client Issue

Our client, a Fortune 100 technology retailer, was sued by a former employee.  In a factually-detailed complaint, the former employee alleged that he had been discharged in retaliation for his reports of supposedly illegal conduct - reports that, according to him, were protected by the Minnesota Whistleblower Act. The Minnesota Whistleblower Act prohibits employers from discharging or otherwise retaliating against employees because they, “in good faith, [reported] a violation or suspected violation of any … law to an employer or to a governmental body or law enforcement official.” The plaintiff/former-employee sought $3 - 5 million in damages and settlement did not appear to be an option.

The Anthony Ostlund Approach

Because wrongful termination cases are so fact intensive, courts can be reluctant to dismiss them.  We immediately initiated an active defense of the claim. Following several rounds of depositions, we brought a motion for summary judgment and asked the court to dismiss the former employee's claims. We argued that the former employee failed to present any evidence that our client had violated any laws or that any alleged violation caused his termination. 

Result Achieved

The district court granted our client’s motion for summary judgment and dismissed the claims. The Minnesota Court of Appeals affirmed. Our client successfully defended all claims against it and never paid a penny to the former employee.