Whistleblower’s $25 Million Lawsuit Against Nike Heads to the Jury

In the course of the more than $25 million lawsuit proceedings against Nike, the jury heard two very different versions of events. Douglas Ossanna is a former Nike electrician, fired in early 2013. He claims that Nike fired him in retaliation after he reported unsafe working conditions for electricians at the approximately 600-acre campus in Washington County. Nike denies the allegations. Nike’s version of events has Ossanna being fired for playing a pickup basketball game on a court in the Bo Jackson Building when the facility was designated as off limits.

The more than $25 million lawsuit consists of $572,000 in economic damages, $1.5 million in non-economic damages and as much as $25 million in punitive damages. During the closing arguments, attorneys for the plaintiff argued simplicity. They claim a simple and clear-cut case of retaliation in the workplace. It was argued that Ossanna had made concerns clear regarding unsafe working conditions to at least six different Nike managers over a period of a few years. Ossanna claims none of his unsafe working conditions reports were ever investigated or resolved by Nike.

On top of being fired, Ossanna’s representation make it clear that he suffered harsh working conditions including excessive amounts of overtime in response to his reporting of problems with workplace safety.

Nike indicated that they did not retaliate against the electrician and that as a supervisor, he had access to every building on the Washington County campus. Nike’s attorney, argued during her closing argument that the decision to terminate Ossanna’s employment was consistent with other recent terminations in the company including a Nike employee was terminated for lying in order to receive a $20 gift card.

If you or someone you know is a victim of retaliation in the workplace, contact the employment law experts at Blumenthal, Nordrehaug & Bhowmik to find out how you get legal reparations for the damage to your career, your finances and your life. 

Employer Retaliation and Your Rights

Most people know that there are laws to protect them from harassment and discrimination in the workplace. What many don’t know is that there are also laws to protect them against employer or workplace retaliation. Employers are prohibited from “punishing” or retaliating against employees that make discrimination or harassment complaints, participate in workplace investigations, etc.

Employer retaliation comes in many forms not just the obvious firing or demotion. Employer retaliation can also come in more subtle forms: being denied a raise, being declined for a transfer to a more desirable position or location, being passed over for training or mentoring opportunities, etc.

To put it simply, retaliation is occurring when an employer punishes an employee due to their involvement in a legally protected activity. Retaliation can be defined as any action that negatively affects the employee’s job including: discipline, pay decreases, firing, demotion, reassignment, shift reassignment, etc. In situations where the retaliation is not quite so obvious, the U.S. Supreme Court indicates that the circumstances of the situation must be considered. A certain action, such as job transfer or shift reassignment, may not be an adverse action or employer retaliation in every situation, but in certain situations, for instance, a single parent with young children, something as seemingly harmless as changing their work hours could be deemed retaliation. Any situation in which the action taken by the employer deters a reasonable individual in the situation from making the complaint or cooperating with the investigation, etc. constitutes illegal employer retaliation.

If you need to discuss specifics to determine whether or not you might be the victim of employer retaliation, please call Blumenthal, Nordrehaug & Bhowmik, California employment law specialists, immediately so we can help you determine your legal options.

Former Goodwill Manager Files Wrongful Termination Suit

Pamela Dietz, former human resources manager for Goodwill Industries in Lorain County recently filed a lawsuit against the agency. She claims wrongful termination after being fired for investigating a suspected theft scheme within the organization. Dietz filed the suit in Lorain County Common Please Court. The suit is detailed, spelling out her discovery of the theft she alleges was occurring as well as the attempts made by Goodwill Industries to cover up the problem. Dietz was employed from Feb. 18, 2013 through October 2013 when CEO Steve Greenwell fired her.

The second defendant named in the suit is Jack Arbogast. He is described in the lawsuit as the director of donated goods. Dietz is seeking compensatory and punitive damages for emotional stress as well as lost wages. The alleged theft scheme is described in the suit. Items donated to Goodwill were resold by Arbogast, a Goodwill employee, and the employee’s husband. The sales were handled through the eBay auction website. Dietz claims she discovered the theft scheme through another employee coming to her with the information in September 2013. Larry Abetya came to her with the request for time off due to “stress and anxiety” in connection with his personal relationship with Arbogast. Abetya advised Dietz that Arbogast took a 1994 Geo Prism from Goodwill and gave it to Abetya. Abetya was involved in a car accident in the Prism in April 2013. The suit alleges that Arbogast regularly took donated goods from Goodwill (i.e. cars, speakers, a boat, a pool table, etc.) There were multiple accounts set up on eBay to sell the items stolen from Goodwill’s donated goods.

Dietz was out of a job by the end of October 2013.

If you are the victim of wrongful termination the experts at Blumenthal, Nordrehaug & Bhowmik can help you. Call us today.

Getting Paid: Bonuses, Wages and Commissions

Under California statutory law, “wages” enjoy a very broad definition. Case law has included “bonuses” in the definition. Why does that matter to California employees?

If you are discharged, any wages you have earned up to and including the date of termination are due and payable – immediately on the date of termination. Employees who find themselves in the regrettable situation of being let go or fired (or even in need of quitting) should expect payment in full of all wages earned prior to signing any release, etc. California employers who fail to pay wages in a timely manner (that is, on the date of termination) can find themselves subject to waiting time penalties, interest and/or attorney’s fees.

Waiting Time Penalties: California employers who fail to pay wages due an employee on the date of their termination “willfully,” the wages of said employee will continue as a penalty from date of termination (at the same rate) until paid or other appropriate action is taken.

Interest: The court awards interest on all due and unpaid wages at an annual rate of 10% accruing from the date wages were due/payable.

Attorney’s Fees: When action is brought for nonpayment of wages, benefits, etc. reasonable attorney’s fees can be awarded to the prevailing party by the court.

California law has employees leaving a job covered. There should be no reason to lose wages already earned. There should not even be a reason to wait for wages already earned.

To resolve non-payment issues with previous employers quickly and professionally, contact Blumenthal, Nordrehaug & Bhowmik.