In January of 2014, the United States District Court of the Western District of Kentucky heard a case where the wrongfully terminated Plaintiff alleged that he was wrongfully terminated for having a firearm in his vehicle’s glove box. (See Holly v. UPS Supply Chain Solutions, Inc., 2014 WL 345275 (E.D. Ky. 2014)).
The wrongfully terminated plaintiff on or about April 1, 2013 was having car troubles and spoke to his boss about it. His boss agreed that he could take his vehicle to a repair shop. So, the plaintiff called a friend to drive him over with his truck. But, he remembered that he had a firearm in his vehicle’s glove box. So, he called a coworker over and asked the coworker if he could store his firearm in his coworker’s glove box while his vehicle was at the repair shop. At issue was defendant’s motion to dismiss and plaintiff’s motion to amend. The court granted the motion to amend by plaintiff’s Louisville wrongful termination attorney.
On or about April 1, 2013, the employer became aware that the wrongfully terminated plaintiff had driven onto the employer’s property with a firearm in his vehicle and then stored it in a coworker’s vehicle while it was at the repair shop. Id.
After the employer did a full investigation, plaintiff was placed on administrative leave and eventually terminated. Id. Plaintiff claims he was told the reason for his termination was that he asked an hourly employee to do a personal favor for him and based on his poor evaluations. Id. Plaintiff’s Louisville wrongful termination attorney sued alleging violations of KRS section 527.020, KRS section 237.106 and common law wrongful termination. Id.
Defendant filed a motion to dismiss. At this time, the court denied the motion because the allegations of plaintiff’s complaint satisfied his burden. He made allegations that he was terminated for bogus reasons that they were pretextual and that the defendant was using the carry concealed deadly weapon statute as the fake reason when it clearly states that he is protected. Further the court looks at the statute and who the correct party is that has the protected activity and whom it applies to. The court did hold that it applied to the named defendant.
If you have been the subject of a Louisville wrongful termination case, please call and speak to a Louisville wrongful termination attorney at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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