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Employment Law
Wrongful Termination
Retaliation

Dennis E. Munson v. Splice Communications Inc., Andrew Coan, Scott Bischoff

Published: Aug. 16, 2014 | Result Date: Mar. 10, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 3:12-cv-05089-JCS Verdict –  Defense

Court

USDC Northern


Attorneys

Plaintiff

Edwin Bradley

William C. Quackenbush


Defendant

Patrick C. Mullin
(Jackson Lewis LLP)

Mark S. Askanas
(Jackson Lewis PC)


Experts

Plaintiff

C. Daniel Vencill
(technical)

Defendant

Greg Pinsoneault
(technical)

Facts

Dennis E. Munson brought an action against his former employer, Splice Communications, Inc., as well as Andrew Coen, and Scott Bischoff, for wrongful termination.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Splice hired him for the position of Vice President of Sales. Plaintiff alleged that he was directed by Splice to terminate the employment of Splice's only African-American employee, whom plaintiff had hired. Plaintiff contended that he reasonably believed that Splice's motivation for directing the termination of its only African-American employee was unlawful race discrimination and shortly after plaintiff's refusal to comply, plaintiff's employment was terminated.

DEFENDANTS' CONTENTIONS:
Splice contended that plaintiff was hired as an at-will employee. Defendant argued that plaintiff's employment was terminated for poor performance, including its sales team missing their quota by 58 percent while under plaintiff's direction. Defendant argued that its African-American employee was not terminated during plaintiff's employment, but that he resigned three-months after plaintiff's termination. Defendant denied there was any racial discrimination and contended no adverse action was taken against plaintiff based on any protected class.

Result

The jury rendered a defense verdict.

Deliberation

2.5 hours

Length

seven days


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