My client, office and I prevailed in Stone v. M & M, a case in Vernal Utah in an appeal: http://www..gov/opinions/appopin/stone359092613.pdf
And no, he didn't sue the chocolate--it's a welding company.
It's an example of how companies can really misbehave. Basically the wrap is as follows, Mr. Stone gets jumped at a company sponsored party by one of the drunken partyers because Stone annoyed him by badly singing a song that was top billing at a recent funeral. Lesson being that one should not only speak no unkind word about the dead but one should also not besmirch his memory with an out-of-tune drunken rendition of the deceased's funerary requiem. For his troubles Stone badly broke his ankle. Now in all fairness Mr. Stone is not a choir boy.
After healing up, Stone asked for info to file a worker's comp case--and just so you know--the law is a little 50-shades of grey on coverage when attending company sponsored parties--usually not covered unless it advances company business--we argued that it had.
Anyway, the very next day they fire Stone's ass along with his bum leg. As an excuse, they say they fired him because the week before while on the job he had called in a waste water spill that was contaminating the ground water that had been caused by OEG at one of the fracking tanks. This is exactly what he had been trained to do. The company, M & M, said that OEG, their customer asked that they fire Stone because the spill was too small to complain about. What? (Stone claims that the contaminated water was sinking into the porous ground fast but it shouldn't matter--he did the right thing).
As an example of how lame this excuse is, lets say a female was sent out by her employer, Dumb and Dumber, (D & D) to deliver a tank of water to a Petroleum Invasive Gophers or P.I.G. fracking sight and while doing so a P.I.G. foreman had grabbed her entire rear right butt cheek and asked her for a little back-fracking action and she quickly escaped and complained. Let's say P.I.G.'s crack investigator looked into it and told the woman's boss at D & D that they should fire her cheeky mouth along with her fault-bearing derriere because it wasn't a full on hand grab but just a little friendly pinch.
Anyway from the very start of the case, my client, an out-of-stater, and me, an out-of-towner, felt like we were getting a lot of home town cooking--the kind with a little extra something special including the dismissal of our case--just so they could make us feel at home. Any way, whether or not that was the case, it was nice of the Utah Court of Appeals to tell the Vernal District court to stop serving up that special something. We hope we don't get more of the same but it was a nice interim win anyway.
http://www.utcourts.gov/opinions/appopin/stone359092613.pdf
www.utcourts.gov
Loren M. Lambert © September 29, 2013
And no, he didn't sue the chocolate--it's a welding company.
It's an example of how companies can really misbehave. Basically the wrap is as follows, Mr. Stone gets jumped at a company sponsored party by one of the drunken partyers because Stone annoyed him by badly singing a song that was top billing at a recent funeral. Lesson being that one should not only speak no unkind word about the dead but one should also not besmirch his memory with an out-of-tune drunken rendition of the deceased's funerary requiem. For his troubles Stone badly broke his ankle. Now in all fairness Mr. Stone is not a choir boy.
After healing up, Stone asked for info to file a worker's comp case--and just so you know--the law is a little 50-shades of grey on coverage when attending company sponsored parties--usually not covered unless it advances company business--we argued that it had.
Anyway, the very next day they fire Stone's ass along with his bum leg. As an excuse, they say they fired him because the week before while on the job he had called in a waste water spill that was contaminating the ground water that had been caused by OEG at one of the fracking tanks. This is exactly what he had been trained to do. The company, M & M, said that OEG, their customer asked that they fire Stone because the spill was too small to complain about. What? (Stone claims that the contaminated water was sinking into the porous ground fast but it shouldn't matter--he did the right thing).
As an example of how lame this excuse is, lets say a female was sent out by her employer, Dumb and Dumber, (D & D) to deliver a tank of water to a Petroleum Invasive Gophers or P.I.G. fracking sight and while doing so a P.I.G. foreman had grabbed her entire rear right butt cheek and asked her for a little back-fracking action and she quickly escaped and complained. Let's say P.I.G.'s crack investigator looked into it and told the woman's boss at D & D that they should fire her cheeky mouth along with her fault-bearing derriere because it wasn't a full on hand grab but just a little friendly pinch.
Anyway from the very start of the case, my client, an out-of-stater, and me, an out-of-towner, felt like we were getting a lot of home town cooking--the kind with a little extra something special including the dismissal of our case--just so they could make us feel at home. Any way, whether or not that was the case, it was nice of the Utah Court of Appeals to tell the Vernal District court to stop serving up that special something. We hope we don't get more of the same but it was a nice interim win anyway.
http://www.utcourts.gov/opinions/appopin/stone359092613.pdf
www.utcourts.gov
Loren M. Lambert © September 29, 2013
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