Pennsylvania Attorneys Prevail in Case Involving Claims of Wrongful Termination
Pittsburgh Partner Trisha A. Gill and Attorney Bridget K. Fitzpatrick secured a defense verdict in the Bedford County Court of Common Pleas on behalf of our automotive dealership client, located in Bedford County, Pennsylvania, in a case involving a former employee who raised claims of wrongful termination and filed a lawsuit against our client.
Plaintiff, an auto body technician that had been employed by our client for more than 20 years, alleged that he was terminated for refusing to engage in insurance fraud and reporting the incidents of fraud to his direct supervisor. Plaintiff claimed that he repeatedly refused to perform unnecessary repairs to vehicles and/or unnecessarily replace vehicle parts as instructed by his direct supervisor. Plaintiff further alleged that he was asked by his direct supervisor to perform unnecessary repairs and replacements so the work orders could be submitted for payment to the automotive insurance companies. In his suit, Plaintiff claimed that he was terminated the day after voicing his objections, and that his termination was in violation of Pennsylvania public policy. He argued that his termination was due to objecting and refusing to participate in criminal insurance fraud. Plaintiff asked the jury to return an award for lost wages in excess of $600,000, compensatory damages and punitive damages.
Trisha Gill and Bridget Fitzpatrick argued that Plaintiff was never asked by our client to perform unnecessary or improper work on any vehicles, and that our client never submitted fraudulent work orders to insurance companies for payment. Our client contended that Plaintiff was terminated due to his negative attitude and productivity issues. The decision to terminate Plaintiff was made by the president and an owner of the automotive dealership, and neither the owner nor the president were aware of Plaintiff’s concerns of fraudulent activity prior to terminating him.
After a five-day trial, the jury agreed with our defense and determined that our client terminated Plaintiff for legitimate reasons and not in violation of any public policy. Plaintiff has filed post-trial motions seeking a new trial.
Trisha Gill focuses her practice on defending clients against claims of discrimination as well as other employment law matters. Her practice includes litigating Whistleblower claims, Title VII of the Civil Rights Act, Americans’ with Disabilities Act (ADA), Age Discrimination in Employment (ADEA) and Family Medical Leave Act (FMLA) claims. Trisha also defends employers in claims of wrongful discharge, breach of employment contract (restrictive covenant) and those filed under Pennsylvania’s Wage Payment and Collection law.
Bridget Fitzpatrick focuses her legal practice in the areas of employment litigation, general liability, professional liability, insurance coverage and toxic torts. She has experience counseling clients and managing cases from investigation and pleadings through written discovery and depositions, and handles dispositive motions and appellate brief preparation.