Dana was a highly conscientious environmental health and safety manager at Fiberoptics Corporation. One day a janitorial

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Dana was a highly conscientious environmental health and safety manager at Fiberoptics Corporation.

One day a janitorial employee reported to Dana that he found a brown paper bag in a corner of the men’s changing room inside the plant. Dana went to the changing room and confirmed the presence of the bag. She called the local fire department, which sent a first-responder unit to the plant. The plant was shut down and evacuated, while the first responders examined the mysterious parcel. It turned out to contain a bagel with cream cheese and a latte. The company lost more than $10,000 due to lost employee time and lost production, and the fire company sent the firm a bill for $2,000. The CEO told Dana, “I know you meant well, but you clearly overreacted. I’m not firing you, but I am demoting you to a position in the HR department. You’ll keep your salary.”

Is Dana the victim of a retaliatory demotion? If so, what are her damages?

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Employment And Labor Law

ISBN: 9781439037270

7th Edition

Authors: Patrick J. Cihon , James Ottavio Castagnera

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