Jury Trial Victory in Wrongful Discharge Case

Shareholders Gerry Fagan and Adam Tunning secured a victory on October 1, 2020, in State District Court in a jury trial. By an 8-4 verdict, their clients prevailed in a claim asserting wrongful discharge under Montana’s Wrongful Discharge from Employment Act. The plaintiff claimed he had been wrongfully terminated from a supervisory position at the City of Billings Water Reclamation Facility. He had worked for 27 years at the Facility and was nearly 63 years old when discharged. The City terminated his employment as a supervisor following his failure to properly diagnose and monitor a discharge of contaminated water that was caused by construction. The plaintiff sought over $390,000 in alleged lost wages and fringe benefits.

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